News & Commentary

On August 2, 2020, a Manhattan federal judge ruled in favor of the State of New York by striking down the Trump administration’s standard for determining which employees are eligible for relief under the Families First Coronavirus Relief Act (“Act”). The Department of Labor’s interpretation of the Act created excessive loopholes allowing employers to deny…

If you received the maximum 26 weeks of regular unemployment insurance, you may be eligible for two other programs to extend your unemployment benefits for a total of up to 59 weeks.  Those who are not eligible for regular unemployment insurance, but are receiving benefits under the Pandemic Unemployment Assistance (PUA) program, are not eligible…

In earlier LR What You Need to Know Now postings here and here, we discussed the Families First Coronavirus Response Act. Under this Act, eligible employees of covered employers have access to extended sick leave and family and medical leave benefits if they are personally affected or need to take care of a family member…

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…

As many summer camps and daycare facilities announce their continued closures during summer months, working parents and guardians may find relief from the Families First Coronavirus Response Act (Act). The Act extends family and medical leave benefits for eligible employees who are caring for a child whose school or place of care is closed (or…

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…

The Equal Employment Opportunity Commission (EEOC), the federal agency that enforces laws against workplace discrimination including the Americans with Disabilities Act (ADA), recently published multiple updated guidelines in anticipation of stay-at-home orders being lifted and employees returning to the workplace. The EEOC’s update specifically addresses the rights of employees to request accommodations and how employers…

Today, Friday, June 19, 2020, Levy Ratner is closed in recognition of the Juneteenth holiday, as a symbol of support for and solidarity with the Black Lives Matter movement and the ongoing protests.  We do this with the understanding that 155 years after the official end of explicit, government-sanctioned slavery was finally announced in Texas – over…

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…

With businesses in various phases of re-opening across New York State, workers returning to job sites may wonder if those who contract COVID-19 at work are eligible for Workers’ Compensation benefits.  New York’s Workers’ Compensation Board issued new guidance for workers that explains what individuals should do if they believe they contracted COVID-19 on the job, and…