Employment Litigation In The Wake Of The COVID-19 Pandemic
The COVID-19 pandemic has triggered a drastic shift in the employment landscape that may result in a wave of litigation alleging employers violated existing labor laws and the recently enacted coronavirus leave law. While employees in the greater New York
New York City Takes Stand Against Race and National Origin Discrimination Based on Coronavirus Fears
The novel coronavirus has had a devastating impact on New York City and surrounding areas. While the daily number of new cases in New York is decreasing, the virus shows no sign of slowing down in many other parts of
Third Circuit Revives Americans with Disabilities Act (ADA) Suit Over Faulty Disability Analysis
The federal Americans with Disabilities Act (ADA) provides employees and job applicants protection against employment discrimination who: (1) have a disability; (2) have a record of a disability; or (3) are regarded as having a disability. The Third Circuit recently
SCOTUS says LGBT Discrimination in the Workplace Violates Federal Law – What Does That Mean for New Jersey and New York Workers?
In a highly anticipated decision, the U.S. Supreme Court has declared that Title VII of the Civil Rights Act, which is the federal law that bans certain forms of employment discrimination, applies to LGBT workers. In New Jersey and New
U.S. Department of Labor Issues Guidance on Employee Leave Rights When Summer Camps and Programs Close Due to COVID-19
In response to the COVID-19 pandemic, many employees sought time off work under the paid sick leave or paid family and medical leave provisions of the Family First Coronavirus Response Act (FFCRA) to care for children at home because their
Masks and Face Coverings – What Employees Need to Know
On April 12, 2020, New York State became the largest jurisdiction to impose face-covering requirements in response to the ongoing COVID-19 pandemic. Governor Andrew Cuomo issued an executive order requiring “all essential businesses or entities” to provide “any employees who
Discrimination and Retaliation Claims During the COVID-19 Pandemic
While being fired, laid off or experiencing an adverse change to your job during this unprecedented time by itself does not necessarily give you a legal claim, you still have legal rights. For example, it is unlawful discrimination for your
New York Enacts Statewide Paid Sick Leave Law
On April 3, 2020, New York Governor Andrew Cuomo signed into law the fiscal year 2021 New York State budget, which includes a new statewide paid sick leave requirement. The new leave provisions will require New York employers of all
UberBlack Drivers’ Classification Case Revived
The Third Circuit recently revived Philadelphia-based UberBlack drivers’ class action claims that Uber misclassified them as independent contractors to deny them proper minimum and overtime wages under the Fair Labor Standards Act and Pennsylvania law. A three-judge panel vacated U.S.
COVID-19: FAQs
A. May an employer send home an employee involuntarily who has or is exhibiting symptoms of COVID-19? Yes. In response to the current COVID-19 outbreak, the Equal Employment Opportunity Commission has cited its 2009 pandemic H1N1 flu guidance, which states