Recent Publications - Kenneth A. Novikoff


The Employment Law Reporter
June 22, 2022 | Employment & Labor

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
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Novikoff’s Employment Law Reporter Published in Employee Relations Law Journal
April 13, 2022 | Employment & Labor

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’

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The Employment Law Reporter
April 6, 2022 | Employment & Labor

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
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The Employment Law Reporter
January 11, 2022 | Employment & Labor

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
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NYC Clarifies Dec. 27, 2021, Vaccine Mandate for all Private Employers
December 20, 2021 | Employment & Labor

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

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New NYC Mandates for Private Employers and Indoor Businesses
December 9, 2021 | Employment & Labor

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

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October 2021 Brings 4 New NY Employment Laws
November 18, 2021 | Employment & Labor | Immigration

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

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Novikoff’s Employment Law Reporter Published in Employee Relations Law Journal
October 14, 2021 | Employment & Labor

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.

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The Employment Law Reporter
October 5, 2021 | Employment & Labor

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
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The Employment Law Reporter
June 23, 2021 | Employment & Labor

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.
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The Employment Law Reporter
April 27, 2021 | Employment & Labor

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
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The Employment Law Reporter
February 4, 2021 | Employment & Labor

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
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The Employment Law Reporter
October 6, 2020 | Employment & Labor

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

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The Employment Law Reporter
July 9, 2020 | Employment & Labor

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

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Supreme Court: Federal Law Protects Homosexual And Transgender Workers
June 16, 2020 | Employment & Labor

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

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The EEOC Issues Guidance on COVID-19 Related Workplace Laws
April 17, 2020 | Employment & Labor

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

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U.S. DOL Issues New Guidance on the Families First Coronavirus Response Act
March 31, 2020 | Employment & Labor

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

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U.S. Dept. of Labor Provides Additional Guidance For Employers
March 27, 2020 | Employment & Labor

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:

  1. The right to Public Health Emergency Leave, which amends the existing statutory text of the Family and Medical Leave
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COVID-19 Update: New York State on Pause
March 20, 2020 | Employment & Labor

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

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COVID-19 Update: Federal Relief Bill
March 19, 2020 | Employment & Labor

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

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Coronavirus Update: New York State Passes COVID-19 Laws
March 19, 2020 | Employment & Labor

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

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Suffolk Prohibits Employers from Asking Applicants about Prior Compensation
December 6, 2018 | Employment & Labor

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

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New York State Issues Final Guidance Regarding New Sexual Harassment Standards
October 4, 2018 | Employment & Labor

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

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NYS Releases Model Anti-Sexual Harassment Policy and Training
August 28, 2018 | Employment & Labor

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

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The Fair Chance Act
October 31, 2015 | Employment & Labor

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

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“New York State Wage Theft Prevention Act Notice Requirements”
December 31, 2012 | Employment & Labor | Appeals

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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