Recent Publications - Kenneth A. Novikoff
January 8, 2024 |
Here is what we cover in this issue of The Employment Law Reporter:
- A federal district court in New York has dismissed employment discrimination claims brought under the Age Discrimination in Employment Act of 1967 and Title I of the Americans with Disabilities Act of 1990, finding that the plaintiff failed to meet the
October 26, 2023 |
Kenneth A. Novikoff’s Summer issue of the Employment Law Reporter was published in the Employee Relations Law Journal Summer 2023.
This column discusses a number of recent employment discrimination cases and cases involving complaints stemming from non-competition discrimination agreements. All of the decisions analyzed in this column are by New York courts – federal and
Read MoreSeptember 28, 2023 |
Here is what we cover in this issue of Employment Law Reporter Autumn 2023:
- The U.S. Court of Appeals for the Second Circuit has affirmed a decision by the U.S. District Court for the Southern District of New York dismissing a plaintiff’s employment discrimination and defamation claims arising from her termination.
- The U.S. District
July 5, 2023 |
Here is what we cover in this issue of The Employment Law Reporter:
- A New York trial court has ruled that the purchaser of a medical practice could not enforce a noncompete provision contained in the purchase agreement after the purchaser breached the agreement by failing to make required payments.
- A New York trial
March 30, 2023 |
Here is what we cover in this issue of The Employment Law Reporter:
- A federal court in New York has ruled that all five causes of action in an employment discrimination lawsuit brought by a former employee of the New York City Department of Education should be dismissed.
- The U.S. District Court for the
January 11, 2023 |
Here is what we cover in this issue of The Employment Law Reporter:
- The U.S. District Court for the Southern District of New York has dismissed claims under Title I, Title II, and Title III of the Americans with Disabilities Act and claims under the Rehabilitation Act against a non-profit corporation that provides job
September 29, 2022 |
Here is what we cover in this issue of The Employment Law Reporter:
- The U.S. Court of Appeals for the Second Circuit has ruled that Title IX of the Education Amendments of 1972 affords a faculty member a private right of action against the faculty member’s university for intentional gender-based discrimination.
- The Second Circuit
July 11, 2022 |
Kenneth A. Novikoff’s Spring issue of the Employment Law Reporter was published in the Employee Relations Law Journal.
The U.S. District Court for the Western District of New York has granted the defendant’s motion in an employment discrimination lawsuit brought under the federal Rehabilitation Act, finding that the plaintiff failed to demonstrate that he was disabled or
Read MoreJune 22, 2022 |
Here is what we cover in this issue of The Employment Law Reporter:
- The U.S. Court of Appeals for the Second Circuit has issued an important decision in a case that presented the question of what a plaintiff asserting employment discrimination under Title VII of the Civil Rights Act of 1964 must allege to
April 13, 2022 |
Kenneth A. Novikoff’s Winter issue of the Employment Law Reporter was published in the Employee Relations Law Journal.
This column discusses a number of recent employment discrimination cases and cases involving complaints stemming from non-competition agreements. All of the decisions analyzed in this column are by New York courts – federal and state. The courts’
Read MoreApril 6, 2022 |
Here is what we cover in this issue of Employment Law Reporter Spring 2022:
- The U.S. District Court for the Western District of New York has granted the defendant’s motion in an employment discrimination lawsuit brought under the federal Rehabilitation Act, finding that the plaintiff failed to demonstrate that he was disabled or considered
January 11, 2022 |
Here is what we cover in this issue of The Employment Law Reporter:
- The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing employment discrimination claims brought by a former victim witness coordinator against her former employer – the U.S. Attorney’s Office for the Western District of New
December 20, 2021 |
On December 15, New York City issued clarifications to its prior vaccine mandate and those clarifications can be found here: https://www1.nyc.gov/site/doh/covid/covid-19-vaccine-workplace-requirement.page.
As we advised in our prior bulletin, the New York City Commissioner of Health previously ordered that, commencing December 27, 2021, workers must have received at least one dose of a COVID-19 vaccine to
Read MoreDecember 9, 2021 |
The New York City Council just passed a new COVID vaccination bill requiring paid leave for parents per child per injection. Additionally, businesses and employees in New York City are subject to new vaccine mandates effective December 27, 2021, based on a recent announcement by outgoing Mayor de Blasio.
The new bill requires New York
Read MoreNovember 18, 2021 | |
In October 2021, New York Governor Hochul signed into law four new pieces of legislation affecting employees and employers in New York State.
First, on October 28, 2021, New York Governor Hochul signed into law new legislation amending New York’s existing Whistleblower Law, NY Labor Law § 740: https://www.governor.ny.gov/news/governor-hochul-signs-legislation-protecting-employees-retaliation.
These new amendments, which take effect January
Read MoreOctober 14, 2021 |
Kenneth Novikoff’s Summer issue of the Employment Law Reporter was published as a column in the Employee Relations Law Journal.
Read the full column here.
Read MoreOctober 5, 2021 |
Here is what we cover in this issue of The Employment Law Reporter:
- A federal court in New York has dismissed a complaint filed by a former employee of the New York City Department of Education alleging employment discrimination in violation of the Americans with Disabilities Act.
- A federal court in New York has
June 23, 2021 |
Here is what we cover in this issue of The Employment Law Reporter:
- The U.S. Court of Appeals for the Second Circuit has upheld a district court’s decision to dismiss a plaintiff’s First Amendment retaliation claim against his employer, but ruled that the district court should consider the plaintiff’s employment discrimination claim.
- The U.S.
April 27, 2021 |
Here is what we cover in this issue of The Employment Law Reporter:
- A federal court in New York has dismissed an employment discrimination lawsuit brought by a former employee of the City University of New York.
- Another federal court in New York has rejected a plaintiff’s lawsuit for “sexual disparity,” which the court
February 4, 2021 |
Here is what we cover in this issue of The Employment Law Reporter:
- The U.S. Court of Appeals for the Second Circuit has affirmed the dismissal of an employment discrimination lawsuit.
- A mediation agreement that resolved a plaintiff’s employment discrimination claims was enforceable, according to a federal district court in New York.
- A university
October 6, 2020 |
Welcome to the Fall 2020 issue of The Employment Law Reporter!
This issue of The Employment Law Reporter first discusses a number of recent employment discrimination cases and then reviews cases involving complaints stemming from non-competition agreements. All of the decisions analyzed in this issue are by New York courts – federal and state.
Many
Read MoreJuly 9, 2020 |
Welcome to the Summer 2020 issue of The Employment Law Reporter. This inaugural issue of this quarterly newsletter first reviews the landmark U.S. Supreme Court opinion in which the Court ruled that an employer that fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964. This
Read MoreJune 16, 2020 |
The U.S. Supreme Court ruled Monday, June 15, 2020, that the ban on sex discrimination in Title VII of the Civil Rights Act of 1964 protects homosexual and transgender workers. In a 6 to 3 decision with Justice Neil M. Gorsuch writing for the majority, the Court interpreted the Civil Rights Act of 1964’s prohibition
Read MoreApril 17, 2020 |
The U.S. Equal Employment Opportunity Commission (EEOC) has updated its guidance on workplace laws during the COVID-19 outbreak. The guidance, updated on April 17, 2020, assists employers with navigating pandemic-related issues. In a question-and-answer format, the EEOC clarifies topics such as the confidentiality of medical information, inquiries about employee symptoms and providing reasonable accommodations.
The
Read MoreMarch 31, 2020 |
The Families First Coronavirus Response Act (FFCRA) will take effect on April 1, 2020, and will require all private employers with 499 or fewer employees to provide paid sick leave and emergency family leave to qualified employees. The FFCRA will apply to a broader set of individuals than New York’s paid sick leave law passed
Read MoreMarch 27, 2020 |
As we have previously reported, on March 18, 2020 President Donald J. Trump signed the Families First Coronavirus Response Act (FFCRA). The FFCRA provides for two leave requirements arising in different portions of the Act:
- The right to Public Health Emergency Leave, which amends the existing statutory text of the Family and Medical Leave
March 20, 2020 |
Governor Cuomo issued Executive Order 202.8 directing all non-essential businesses statewide to reduce in-office staff by 100% until further notice. This includes bars and restaurants that have been directed to close its’ doors and operate on a limited take-out only basis.
The closures and 100% reduction of in-office staff is part of Governor Cuomo’s 10-point
Read MoreMarch 19, 2020 |
President Trump on March 18, 2020, signed the Families First Coronavirus Response Act (COVID-19 Bill) to provide emergency relief to businesses and employees in response to the coronavirus pandemic. The COVID-19 Bill will become effective no later than 15 days from March 18, 2020 (or on April 2, 2020). Businesses with fewer than 500 employees
Read MoreMarch 19, 2020 |
In response to the growing concerns over the coronavirus, (COVID-19) Governor Cuomo issued a temporary mandatory work-force reduction plan (Executive Order) and signed a COVID-19 relief bill (COVID-19 Bill).
COVID-19 Executive Order
The Executive Order mandates that all non-essential businesses implement work from home policies and reduce in-office staff by 50%. In fact, as we
Read MoreDecember 6, 2018 |
Suffolk County will now join New York City, Albany County and Westchester County, in prohibiting employers from inquiring into the salary and benefits history of job applicants. The intent of the new law is to reduce pay inequality for women and minorities. Effective June 30, 2019, an employer, employment agency, employee or agent in Suffolk
Read MoreOctober 4, 2018 |
As we previously reported in June 2018 (see https://www.rivkinradler.com/publications/new-sexual-harassment-legislation-applies-to-almost-all-ny-employers/), New York State lawmakers passed aggressive new legislation designed to stop sexual harassment in the workplace. The changes included requiring employers to implement sexual harassment prevention policies and training.
In August 2018, New York State drafted a model sexual harassment policy and training requirements. After the
Read MoreAugust 28, 2018 |
On Friday, August 24, 2018, the New York State Division of Human Rights and the New York Department of Labor issued their proposed model anti-sexual harassment policy and model anti-sexual harassment training program. Every New York State employer must promptly adopt and distribute an anti-sexual harassment policy to all employees. Every New York State Employer must also
Read MoreOctober 31, 2015 |
The Fair Chance Act, which imposes substantial restrictions and obligations on New York City employers, goes into effect on October 27, 2015. Generally, the ordinance prohibits an employer (with at least four employees) from inquiring about a candidate’s pending arrest or conviction record until after a conditional offer of employment has been extended. Only a
Read MoreDecember 31, 2012 | |
The New York State Wage Theft Prevention Act (“WTPA”) remains in effect, which means that employers have until February 1, 2013 to provide the required written notice to employees. Pursuant to the WTPA, New York employers must provide New York employees with a written notice and acknowledgment of pay rate and payday on an annual
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