On November 4, 2021, the Occupational Health and Safety Administration (“OSHA”) issued an emergency temporary standard (“ETS”) requiring all large employers to adopt a mandatory COVID-19 vaccination policy for all employees...more
Earlier this month, the New York State Department of Labor (the “DOL”) issued guidance entitled “Adult Use Cannabis and the Workplace” (the “Guidance”) in connection with the recently-enacted Marijuana Regulation and Taxation...more
On January 20, 2021, the New York State Department of Labor issued new guidance on the State’s COVID-19 leave law, which requires that employers provide up to fourteen days of job-protected leave to eligible employees who are...more
Last week, the Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 guidance to address workplace issues related to COVID-19 vaccines, including mandatory vaccination policies. According to the EEOC,...more
As we mentioned in an earlier post, New York recently enacted a permanent sick leave policy requiring all employers in New York State, regardless of size, to provide sick leave to their employees. Although employers are not...more
In United States v. Birkedahl, 19-2304, the Second Circuit (Sullivan, Park, Nardini) rejected Defendant-Appellant Eric Birkedahl’s challenges to the conditions of his supervised release imposed subsequent to his conviction...more
On July 20, 2020, the Wage and Hour Division (“WHD”) of the U.S. Department of Labor (“DOL”) published further guidance regarding the protections and requirements of certain Acts—the Fair Labor Standards Act (“FLSA”), the...more
On March 18, 2020, New York Governor Andrew Cuomo signed into law legislation (the “Act”) providing all New York employees with COVID-19-related sick leave (discussed in our previous alert). On June 24, 2020, Governor Cuomo...more
In a landmark decision issued on Monday, Bostock v. Clayton County, the Supreme Court ruled that workers across the United States cannot be fired or otherwise discriminated against for being gay, lesbian, or transgender. ...more
6/18/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
In United States v. Rosemond, 18-3561-cr (May 1, 2020) (Sack, Chin, Bianco), the Second Circuit held principally that Defendant-Appellant James R. Rosemond’s Sixth Amendment “Right to Autonomy” was not violated when his...more
On April 23, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance clarifying that employers may conduct mandatory testing of employees for COVID-19 before they enter the workplace so long as the...more
As the COVID-19 pandemic and ensuing widespread shutdown of workplaces around the country continues (and for New Yorkers is expected to continue through at least May 15), government agencies have been busy issuing guidance...more
Effective January 1, 2021, the majority of workers in New York will receive paid sick leave. On April 2, 2020, as part of New York’s budget approval process, the New York legislature and Governor Cuomo enacted a permanent...more
The New York State Court of Appeals recently issued a decision in a closely-watched case that helps to clarify the landscape regarding independent contractors and employees in the gig economy.
In In the Matter of the Claim...more
As employees begin requesting leave under the recently-passed New York legislation providing COVID-19-related sick leave (the “New York Act”) and the Families First Coronavirus Response Act (the “FFCRA”), employers should...more
On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act” or the “Act”), a $2 trillion COVID-19 relief and stimulus package that offers extraordinary financial...more
As employers navigate the challenges of the COVID-19 public health crisis, many have been forced to consider difficult decisions about laying off and furloughing employees, or otherwise reducing employee work hours. In...more
The U.S. Department of Labor has issued additional guidance on the Families First Coronavirus Response Act (the “Act”), which the President signed into law on March 18. As a reminder, the Act imposes new obligations on...more
The COVID-19 pandemic has raised new and important questions for employers, including those about balancing employee privacy with the need to warn employees about possible exposure to the novel coronavirus. Here are some...more
On the same day the President signed the Families First Coronavirus Response Act that expanded Family Medical Leave Act ("FMLA") protections and provided emergency paid sick and child care leave to many workers (discussed in...more
Yesterday, as part of the New York State on Pause executive order, Governor Andrew Cuomo announced that all “non-essential” businesses and non-profits must keep all of their workers home. This in-person workforce reduction is...more
On March 18, 2020, the President signed into law the Families First Coronavirus Response Act (the “Act”), a COVID-19 relief package that includes new obligations for all employers with between 1 and 499 employees regarding...more
The recent outbreak of 2019-nCOV, a flu-like respiratory illness better known as the Coronavirus, is causing employers to ready themselves for a variety of responses to the spread of the virus. Human Resources professionals...more
3/4/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Workplace Safety
In United States v. Arrington, 17-4092-cr (October 18, 2019) (Lynch, Lohier, Judge Brian M. Cogan of the United States District Court for the Eastern District of New York, sitting by designation), the Second Circuit vacated...more
In United States v. Ryan, 17-3919-cr (Jacobs, Lohier, Carney), the Second Circuit affirmed a four-level enhancement under U.S.S.G. § 2K2.1(b)(6)(B) for using a firearm in connection with another felony offense. Appellant...more