On December 19, 2019, the National Labor Relations Board (the Board) held that employers can require employees to keep internal investigations confidential during the pendency of the investigations. This decision, Apogee...more
On December 12, 2019, the U.S. Court of Appeals for the Sixth Circuit issued a ruling in Kollaritsch v. Michigan State University Board of Trustees, a decision which impacts students’ Title IX claims against their colleges or...more
There are scarier things than lions, tigers, and bears facing New York State employers this Halloween. Ghosts and goblins cannot compete with the following scenarios, which are more “trick” than “treat."...more
On August 12, 2019, Governor Cuomo signed legislation making sweeping changes to the New York Human Rights Law (“NYHRL”). Although we previously posted summaries of the significant amendments to the Human Rights Law and...more
Within the past few years, courts in New York and across the country have experienced a sharp influx in cases concerning alleged violations of Title III of the Americans with Disability Act, which prohibits disability-based...more
On August 12, 2019, Governor Cuomo signed the legislation that was passed by the New York State Assembly and Senate on June 19, 2019, making sweeping changes to the New York Human Rights Law. We previously posted a summary of...more
On June 19, 2019, the New York State Assembly and Senate passed legislation that makes sweeping changes to the New York Human Rights Law. This legislation will have a significant impact on the litigation of discrimination...more
In the early morning hours of April 1, 2019, New York State passed its new yearly budget. Though the budget included several items of importance and interest, it was an under-the-radar provision revising paid voting time for...more
Employers who provide sick leave and vacation leave time may also have a policy or practice of allowing employees to “sell back” accrued, unused time. Under these “buy-back” programs, the employer will, for a select time...more
On January 15, 2019, the New York legislature passed the Gender Expression Non-Discrimination Act (“GENDA”). GENDA, which faced more than a decade of impasse in the State Senate, now awaits Governor Cuomo’s expected...more
On October 9, 2018, the State University of New York (“SUNY”) Board of Trustees adopted a new resolution imposing new policy requirements with regard to consensual or amorous relationships among faculty, staff, and students. ...more
On June 27, 2018, the Supreme Court struck down mandatory “agency” or “fair share” fees for public sector employees who decline to become union members. In the decision, Janus v. AFSCME, the Court held that an Illinois...more
7/2/2018
/ Appeals ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Non-Union ,
Payroll Deductions ,
Public Sector Unions ,
Reversal ,
SCOTUS ,
Stare Decisis ,
Union Dues
Just this week, the U.S. Court of Appeals for the Second Circuit (which is the federal appeals court that covers cases that originate in the U.S. District Courts in New York) issued a decision holding that discrimination...more
Mark Janus, an Illinois child welfare worker, decided not to join the American Federation of State, County, and Municipal Employees -- the union that represents his public sector co-workers. Under Illinois law, however, Janus...more