EEOC Caregiver Discrimination

March 25, 2022

By Lisa R. Feldman

On March 14, 2022 the EEOC issued new guidance regarding Caregiver Discrimination against employees or applicants who are caregivers, as it relates to the COVID-19 pandemic.1 Note that this guidance supplements, but does not appear to supplant, earlier Caregiver Discrimination Guidance from the EEOC.2 Although these documents are crafted with the pandemic in mind, employers should be mindful of these issues within the broader professional context, as well.

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As the Seasons Change, So Does New York’s Freedom of Information Law: The Application of NY’s FOIL to Law Enforcement Records

March 23, 2022

By Jacqueline A. Giordano

In June 2020, New York repealed Civil Rights Law § 50-a and amended portions of the State’s Freedom of Information Law (FOIL), resulting in significant changes to the types of law enforcement records subject to public disclosure.

Read More >> As the Seasons Change, So Does New York’s Freedom of Information Law: The Application of NY’s FOIL to Law Enforcement Records

USDOL’S Wage and Hour Division Announces Priority of Protecting Workers from Retaliation

March 16, 2022

By Subhash Viswanathan

On March 10, 2022, the U.S. Department of Labor’s Wage and Hour Division (which enforces the Fair Labor Standards Act, the Family and Medical Leave Act and other federal wage and hour laws) announced that one of its top enforcement priorities is to protect workers from retaliation for exercising their rights. The USDOL launched an anti-retaliation page on its web site and published a Field Assistance Bulletin on the subject of retaliation.

Read More >> USDOL’S Wage and Hour Division Announces Priority of Protecting Workers from Retaliation

Updated Guidance on Religious Accommodations to COVID-19 Vaccine Mandates

March 11, 2022

By Brittany R. Frank

On March 1, 2022, the EEOC updated its guidance on religious accommodations to COVID-19 vaccine mandates. While the guidance states that job applicants and employees have a right to request a religious accommodation from an employer’s COVID-19 vaccination requirement under Title VII, the new guidance answers many questions specific to COVID-19 vaccination requirements and specifically addresses how employers should evaluate an employee’s religious objection to the vaccine.

Read More >> Updated Guidance on Religious Accommodations to COVID-19 Vaccine Mandates

New York Legislature Passes Significant Amendments to Strengthen Sexual Harassment Protections for Employees

March 9, 2022

By Gianelle M. Duby

The New York legislature has passed significant legislation that would further expand sexual harassment protections for employees in New York. This suite of legislation is intended to ensure that all public and private employees are treated in a fair manner and have the necessary resources available to seek accountability from their employers. If signed by the governor, the legislation will ban “no-rehire” clauses in settlement agreements, extend the statute of limitations for workplace harassment and discrimination claims, explicitly extend applicability of the New York Human Rights Law (HRL) to public employees, provide protection from unlawful retaliation, create a confidential sexual harassment hotline and enact the Let Survivors Speak Act. Each provision is discussed in turn below.

Read More >> New York Legislature Passes Significant Amendments to Strengthen Sexual Harassment Protections for Employees

Employers Take Notice: The NLRB, the DOL and the EEOC Are Working Together to Combat Employer Retaliation

March 4, 2022

By Nihla F. Sikkander

The National Labor Relations Board (NLRB), the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor (DOL), three federal agencies that enforce major federal labor and employment laws, are joining forces to combat employer retaliation. Employers must be aware that these federal agencies are moving forward with concrete steps to jointly coordinate efforts to take action and litigate against workplace violations and are incentivizing workers to come forward with their concerns.

Read More >> Employers Take Notice: The NLRB, the DOL and the EEOC Are Working Together to Combat Employer Retaliation

NYDOH Extends NY HERO Act Designation a Fifth Time

February 16, 2022

By Stephanie H. Fedorka

On Feb. 15, 2022, the NYS Commissioner of Health extended the NY HERO Act designation for a fifth time through March 17, 2022. The Commissioner will review the CDC’s level of transmission of COVID-19 at that time and determine whether to continue the designation (extend further) or not. Based on the Commissioner’s designations, if the CDC’s level of transmission in New York continues to be “high” or “substantial,” it seems highly likely that the Commissioner will continue the designation. 

Read More >> NYDOH Extends NY HERO Act Designation a Fifth Time

Mandatory Arbitration of Workplace Sexual Harassment and Assault Claims Soon to be Prohibited

February 14, 2022

By Travis R. Talerico

On Feb. 10, 2022, the U.S. Senate passed H.R. 4445 – the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” also known as the “#MeToo Bill.” 

The #MeToo Bill will amend the Federal Arbitration Act, and will invalidate mandatory arbitration agreements that preclude an employee from filing a lawsuit in court arising from workplace sexual assault or sexual harassment. The Bill will have a significant impact on employment law, as these arbitration provisions are commonly included in employment contracts. The Bill will also limit the ways in which an employee can pursue their claims, and keep the details of those claims out of the public eye far more than a typical court proceeding. 

Read More >> Mandatory Arbitration of Workplace Sexual Harassment and Assault Claims Soon to be Prohibited

NYDOL Clarifies Face Covering Requirements Under NY HERO Act

February 10, 2022

By Andrew D. Bobrek, Stephanie H. Fedorka, and Adam P. Mastroleo

On the evening of Feb. 9, 2022, the NYS Department of Labor updated its Model Airborne Infectious Disease Exposure Prevention Plans again. Earlier on the same day, New York Gov. Hochul announced an end to the statewide mask mandate (commonly referred to as the “vax-or-mask” rule), effective Feb. 10, 2022. 

Read More >> NYDOL Clarifies Face Covering Requirements Under NY HERO Act

Supreme Court Blocks Enforcement of OSHA’s Vax-or-Test Rule; What Now?

January 14, 2022

By Michael D. Billok and Nihla F. Sikkander

The wait is over. On Jan.13, 2022, the United States Supreme Court issued a decision to stay the Occupational Health and Safety Administration’s (OSHA) vaccination or test emergency temporary standard (ETS), effectively blocking the enforcement of the ETS for the foreseeable future.

Read More >> Supreme Court Blocks Enforcement of OSHA’s Vax-or-Test Rule; What Now?