Introduction With the rise of remote work since the COVID-19 outbreak, courts will be asked to grapple anew with a perennial question: whether state and local anti-discrimination laws apply to workers who are not physically present in the jurisdiction. In New York and New Jersey, the courts have taken different approaches to this important threshold … Continued
New Laws in New York The Labor and Employment Section Annual Meeting on January 19, 2024 began with a panel discussion on new laws in New York. The panel was moderated by Sara Kula, Kula Law P.C., and the speakers included Miriam F. Clark, Ritz Clark & Ben-Asher LLP, Tracey Salmon-Smith, Faegre Drinker Biddle & … Continued
There is a tremendous intersection between the practice areas of employment law and group long-term disability claims, which are governed by the Employee Retirement Income Security Act of 1974 (ERISA).1 Employment attorneys often deal with issues that can greatly impact a client’s long-term disability benefits. The prudent employment attorney must be aware of these issues. Below … Continued
First and most important, I wanted to express my heartfelt appreciation to all the committee chairs who have contributed so much to the value and experience of our Labor and Employment Law Section. Thank you for taking the time out of your busy schedules to periodically meet (remotely) with me for updates on the work … Continued
Calculating damages in wage-and-hour cases can be daunting. At times, the federal and state laws seem at odds, and even determining an employee’s regular hourly rate can prove difficult. This article summarizes the basics of damages calculations under the New York Labor Law (NYLL) and the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (FLSA), the … Continued
When it comes time to select a neutral, attorneys typically consider various indicators, such as credentials, subject matter expertise, experience as a neutral, recommendations from colleagues, and their own past experiences with particular neutrals. Attorneys are understandably looking for a “known quantity.” Their risk avoidance arises from their concern about their own client’s approval (or, … Continued
The Equity for Surviving Spouses Act (ESSA) is proposed legislation aimed at enhancing protections for surviving spouses of New York public employees by following the tried-and-true approach of the Employee Retirement Income Security Act of 1974 (ERISA) as amended by the Retirement Equity Act of 1984 (REACT). ESSA would make three changes to the eight … Continued
Introduction In his remarks from the East Room of the White House on Sept. 8, 2021, President Joe Biden emphasized that the legal guarantees workers have to a free and fair choice to join a union belong to workers, not to their employers or to special interests.1 Nevertheless, illegal tactics coupled with legal coercion result in … Continued
Introduction During over 60 years since the enactment of the Labor-Management Reporting and Disclosure Act (LMRDA)1 there has been a periodic effort to amend the definition of the word “advice” as contained in its applicable regulations of the United States Department of Labor (DOL). In 2016, DOL attempted to do so through emergency rulemaking, but a … Continued
I. Introduction Not too long ago, the idea of a person in his or her 20s spending “10 to 12 hours per day, six days a week”1 playing video games would likely be met with pity and a comment about the young adult’s lack of work ethic. Just five years ago, in 2016, the Chicago Tribune published an … Continued