In March 2020, New York State passed emergency legislation in response to the COVID-19 pandemic that requires employers to provide job-protected COVID-19 sick leave to employees subject to an order of quarantine or isolation. See LR’s prior What You Need to Know Now updates on the legislation here and here. On January 20, 2021, the…
Category Archives: Employment Representation
Congress Passes Second Stimulus – What it Means for Worker Protections and Unemployment Assistance
On December 21, 2020, Congress passed a $900 billion stimulus package. If signed into law, the second stimulus bill would extend some of the federal protections specifically created during the pandemic for workers and those who have lost their jobs due to COVID-19, while reducing some of the earlier protections. The Families First Coronavirus Response…
NYS Sick Leave Law Now in Effect
On September 30, 2020, the New York State Sick Leave Law went into effect, requiring qualifying employees to accrue sick leave that can be used starting January 1, 2021. The sick leave will be available to use for absences related to an employee’s illness or medical needs or a covered family member’s illness or medical…
Department of Labor Regulations Expand Paid Leave for Certain Healthcare Workers
On September 11, 2020, the U.S. Department of Labor’s Wage and Hour Division (DOL) announced changes to its rules concerning the Families First Coronavirus Response Act (FFCRA), the law that provides paid sick leave and expands family and medical leave for individuals impacted by COVID-19. The DOL changes came in response to a decision of…
Working from Home? DOL Guidance Requires Both Employers and Employees to Ensure Hours Worked Get Reported
As the necessity for teleworking continues due to COVID-19, employers and employees are still grappling with the changes brought about by a significant increase in teleworking. The U.S. Department of Labor’s Wage and Hour Division recently published guidance regarding timekeeping while teleworking. While acknowledging employers’ legal obligations for recordkeeping and reporting, the DOL also places…
Supreme Court Denies Review of Salary History Defense in Pay Inequity Cases
The U.S. Supreme Court recently declined to consider a case that would have addressed the validity of a common defense used by employers to justify pay discrepancies between male and female employees in the same job. In Yovino v. Rizo, a math consultant sued her employer under the Equal Pay Act (“EPA”) after she learned…
Employees Who are DACA Recipients Get Temporary Reprieve as Supreme Court Halts the Trump Administration’s Push to End DACA
The Supreme Court blocked the Trump administration’s attempt to dismantle the Deferred Action for Childhood Arrivals (DACA) program, giving DACA participants some reprieve from the threat of deportation. The DACA program, first implemented by the Obama administration in 2012, granted renewable permits to study and remain in the United States for some undocumented immigrants who…
U.S. Supreme Court Recognizes Anti-Discrimination Protections for LGBTQ Workers in All 50 States in Landmark Decision
On Monday, June 15, the Supreme Court ruled in a 6-to-3 vote that existing federal law, Title VII of the Civil Rights Act of 1964, prohibits employment discrimination based on sexual orientation or transgender status. This decision, Bostock v. Clayton County, Georgia, establishes discrimination protections for LGBTQ workers across the country, instituting new protections for…
Women Hold Cleveland Fire Department Accountable for Job Discrimination
Cleveland’s written and physical tests for firefighter jobs discriminate against women, found the U.S. Equal Employment Opportunity Commission, based upon charges filed by Levy Ratner’s Dana Lossia and Rebekah Cook-Mack, along with our co-counsel at Nichols Kaster, PLLP. Our clients are women who were unfairly disqualified in the testing process and are demanding fair hiring…
New Legislation Eliminates “Severe or Pervasive” Standard, Lowers Bar For Sexual Harassment and Discrimination Actions in New York State
In June, the New York State legislature significantly lowered the legal bar for employees to sue their employers if they have been subjected to sexual harassment or other forms of workplace discrimination. Previously, New York State law tracked federal law when it came to the standard for showing unlawful discrimination. Under Federal law, employees must…