03Aug

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


29Jul

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


13Jul

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


06Jul

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


29Jun

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


07May

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


07May

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


29Apr

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


09Apr

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.


08Apr

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


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