Employment & Labor

DOL Finalizes Regulations Regarding Worker Classifications
January 7, 2021 | Jonathan B. Bruno | Michelle Vizzi | Employment & Labor
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 …
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Sick-Leave Benefits Available as Early as January 1, 2021
December 15, 2020 | John K. Diviney | Keegan B. Sapp | Employment & Labor
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, …
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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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EEOC Addresses Employees’ Opioid Use in New Guidance
August 14, 2020 | Employment & Labor
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 …
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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 | Kenneth A. Novikoff | Brian S. Conneely | John K. Diviney | Tamika Hardy | Keegan B. Sapp | 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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Employee Relations Law Journal – From the Courts
May 7, 2020 | Employment & Labor | Insurance Coverage
North Carolina District Court Permits Plan’s Lawsuit Against Third Party Administrator to Continue A federal district court in North Carolina has ruled that a plan subject to the Employee Retirement Income Security Act of 1974 (“ERISA”) had standing to assert breach-of-fiduciary duty claims under ERISA against a third party health insurance administrator for the plan. …
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Employee Benefit Plan Review – From the Courts
April 22, 2020 | Norman L. Tolle | Employment & Labor | Insurance Coverage
U.S. Supreme Court Interprets “Actual Knowledge” Test for Suits Against ERISA Fiduciaries The U.S. Supreme Court, in a unanimous decision, has ruled that a plaintiff in a lawsuit alleging a fiduciary breach under the Employee Retirement Income Security Act of 1974 (“ERISA”) did not have “actual knowledge” of the information contained in disclosures that the …
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The EEOC Issues Guidance on COVID-19 Related Workplace Laws
April 17, 2020 | Kenneth A. Novikoff | Brian S. Conneely | John K. Diviney | Tamika Hardy | Keegan B. Sapp | 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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Diversity and Inclusion Matter, Even During a Pandemic
April 13, 2020 | J'Naia L. Boyd | Sean N. Simensky | Employment & Labor
As we all face these challenging times, it is  more important than ever to remain committed and focused on diversity and inclusion. Many employees, especially those who are underrepresented, may feel increasingly overlooked. Rivkin Radler remains committed to our Development, Diversity and Inclusion initiative, and as a reminder of the importance of connectivity during these unusual days, the following are some helpful tips: Be cognizant of who you are assigning work …
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