New York and New Jersey recently legalized recreational marijuana within less than 6 weeks of each other. While both acts prohibit employers from taking action against employees at least 21 years old who use marijuana recreationally and restrict employers from denying these employees’ employment rights and privileges based solely on marijuana use, it begs the

In the past week, there have been several overlapping laws enacted regarding COVID-19. On March 12, 2021, Governor Cuomo signed into law legislation which mandates that all New York employers provide paid leave of up to four hours per injection for employees who receive a Covid-19 vaccination.  Also, on March 11, 2021, President Biden signed

The Biden Administration’s efforts to increase the current federal minimum wage from $7.25 an hour to $15 an hour have been delayed, but in New York, New Jersey, Connecticut, Pennsylvania and other states and municipalities, most employers in 2021 are already subject to new minimum hourly wage rates and minimum salaries for exempt employees well

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

On January 6, 2021, the Department of Labor (DOL) issued a new framework to determine whether workers are employees or independent contractors for the purposes of the Fair Labor Standards Act (FLSA). The distinction between these classifications is significant, as it impacts whether the employer must pay minimum wage or keep records pertaining to the

As we have previously reported, New York State Governor Andrew M. Cuomo signed into law a new comprehensive sick-leave program for all New York employees. The sick-leave law became effective September 30, 2020, for the purposes of accruing leave, and employees are eligible to take sick leave under the law as early as January 1,

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

The EEOC recently issued new guidance regarding employees who legally use, or have previously used, opioids. The guides provide important clarification for employees and healthcare providers regarding the interplay between the ADA and the country’s growing opioid crisis.

The new guidance addresses three groups of employees: (1) individuals legally using opioids; (2) individuals who are

Brian Bank published the article, “Cross-Border E-discovery in the Privacy Era,” in the Summer 2020 issue of USLAW Magazine.

Click here to read the article.

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