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The New Era of Religious Accommodations: Clarifying the Standard for “Sincere Religious Beliefs” and Evaluating Undue Hardship

Since vaccines became available in response to COVID-19, courts have dealt with an onslaught of litigation involving religious accommodation in the workplace. Most recently, the U.S. Court of Appeals for the Second Circuit...more

FCC Takes Aim at Media Companies’ IE&D Efforts

Federal Communications Commission (FCC) Chair Brendan Carr recently revealed in a social media post the agency’s latest probe into various media entities’ inclusion, equity, and diversity efforts....more

#MeToo: Can Non-Employees Bring Employment Law Claims Against Employers?

Last week attorneys for Creative Actors Agency (CAA), Miramax and Disney delivered oral argument in their appeal to try to prevent actor Julia Ormond’s negligence claims from moving forward in New York State Court. Oral...more

Everything You Always Wanted to Know About Woody Allen’s Former Private Chef’s USERRA Lawsuit* (*but were afraid to ask)

In December 2024, a U.S. Army Reservist and professional chef filed a lawsuit against filmmaker Woody Allen, his wife, Soon-Yi Previn, and their house manager, alleging that he was fired due to his complaints of improper...more

“It Ends with Us” Employment Litigation: Lessons for Hollywood Employers

Actor Blake Lively’s December 31, 2024, lawsuit against Wayfarer Studios, LLC, director and producer Justin Baldoni, and several others associated with the movie It Ends with Us has cast a spotlight on evolving employment law...more

Love May Be Blind, but the NLRB Is Not: Board Argues that Reality TV Show Contestants Are Employees

National Labor Relations Board General Counsel (GC) Jennifer Abruzzo issued a complaint on Wednesday, December 11, 2024, stating that contestants on the popular reality show Love is Blind are required to be classified as...more

A Case Study on the First Amendment Defense for Entertainment Industry Employers

The First Amendment traditionally offers robust protections for expressive employers, such as those in the entertainment and media industries, allowing them to control casting and messaging. In California, however, these...more

#MeToo: New York State Court Allows Actor’s Claims Against Entertainment Companies to Proceed Based on Alleged Conduct in 1995 by...

A New York state judge has denied motions to dismiss actor Julia Ormond's claims against a film company, its parent company, and a talent agency based on conduct by film producer Harvey Weinstein, who Ormond alleges assaulted...more

#MeToo Update: The Adult Survivors Act for New York Employers

New York State’s Adult Survivors Act (ASA), which was enacted on November 24, 2022, amends the state’s statute of limitations for civil claims alleging certain sexual offenses—which may include any unwanted sexual contact in...more

Vax Up, Speak Up, or Stay Home: New York City Issues New Guidance on Vaccination Mandates for Private Workplaces and the Key to...

As previously reported, New York City’s vaccination mandate for private employers goes into effect on December 27, 2021. This measure, issued as an order from the New York City health commissioner in response to a public...more

“We Are Not Going Back”: New York City Announces Vaccine Mandate for Private-Sector Employers

On Monday, December 6, 2021, New York City announced a first-in-the-nation vaccine mandate for private-sector employers, which must now require vaccinations for all employees who work in person in the city. ...more

A Return to Work Roadmap for New York Employers

After weeks or months of remote work or closed operations, businesses are understandably eager to resume normal operations and bring employees back to the workplace.  Employers must be mindful, however, of currently...more

An Unemployment Insurance Roadmap for New York Employers

During the current COVID-19 crisis, over one million New Yorkers have applied for unemployment insurance (UI) and New York State has paid out over $7 billion in benefits. Despite these numbers, many employers do not...more

Is the Future U.S. Workplace a Work Share Program?

In response to COVID-19 and the current economic downturn, employers across the country have experienced a dramatic decline in business and a lack of work for their employees. As a result, many employers had no choice but to...more

A COVID-19 Roadmap for New York Employers

The U.S. response to the COVID-19 outbreak has included rapid and dramatic changes in local, state and federal employment laws. Some New York employers are struggling to understand the new paid leave laws while others are...more

#MeToo: In Defense of Nondisclosure Agreements

Nondisclosure Agreements (NDAs) have recently come under fire within the #MeToo debate. Opponents of the NDA argue that its sole (and negative) purpose is to silence victims of sexual harassment and allow those accused to...more

Has #MeToo Created a New Claim of Male-Bias Discrimination?

Often—and without much thinking—when an employer faces a claim of sexual harassment, the knee-jerk response is to discipline or terminate the man accused. It is the easiest way to go, especially if the alleged harasser is a...more

New York State Significantly Expands its Workplace Harassment Laws (Again)

As its session draws to a close, the New York State Legislature substantially revised the state’s anti-discrimination and anti-harassment laws this week, and Governor Andrew Cuomo has promised to sign the new measures...more

New York City Publishes Sexual Harassment Prevention Training Video and New FAQs

As we have previously reported, New York State and New York City both enacted legislation in 2018 that require New York employers to train their employees in workplace sexual harassment prevention. ...more

New York City Commission on Human Rights Provides Legal Enforcement Guidance on Race Discrimination on the Basis of Hair

The New York City Commission on Human Rights (NYCCHR) released enforcement guidance on Monday, February 18, 2019, defining discrimination based on natural hair and hairstyles as a subset of race discrimination....more

New York Employers Can Expect Significant Legislative and Regulatory Activity in 2019

It has never been easy for businesses to keep up with and ensure compliance with New York State’s and New York City’s employment laws, but calendar year 2018 presented a unique amount of new challenges for employers. ...more

New York City Moves to Prohibit Discrimination Based on Family Planning and to Protect Reproductive Choice

In case you missed it: On December 20, 2018, the New York City (NYC) Council added “sexual and other reproductive health decisions” to the list of protected classes under the NYC Human Rights Law. ...more

New York City Will Require Employers to Provide Greater Workplace Accommodations for Lactating Employees

On November 17, 2018, Sections 8-102 and 8-107(22) of the New York City Administrative Code were amended to require employers in New York City with four or more employees to (1) provide designated lactation room(s) for...more

NY Agencies Publish Draft Sexual Harassment Model Policy, Complaint Form, and Training

On August 23, 2018, New York Governor Andrew Cuomo issued an executive order that contains a model policy, model complaint form, and model training in accordance with the state’s new sexual harassment law....more

New York Sexual Harassment Laws – The City Commission Publishes Poster and Fact Sheet

In April 2018, New York State and New York City each adopted expansive legislation directed at educating employees about workplace sexual harassment and reducing the incidence of harassment claims, as we reported in our prior...more

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