In May 2023, New York City amended its Human Rights Law (NYCHRL) to prohibit weight and height discrimination. The law, which became effective on November 22, 2023, is intended to protect employees working in the city against discrimination based upon height or weight. It is among the first of its kind in the nation, and, … Continued

As my nieces and nephews graduate from college and join the workforce, they have questions for me: Are my bosses allowed to read my social media posts? Will I get paid time off for religious holidays? What happens if I get sick? They know that I am always available to answer because, in addition to … Continued

Dear Members, Engagement. If the foremost focus of our NYSBA Labor and Employment Section needs to be identified at this critical juncture in the history of our Section and beyond, engagement is it. In broadest terms, we in Section and Association leadership need to engage you individually and collectively, as you do with us, to … Continued

Until we meet again Let’s stay engaged Until then Let’s stay engaged —The Tragically Hip, “Let’s Stay Engaged” Mediations for employment law disputes have continued to grow in popularity in the past decade. With the advent of the automatic referral program in the SDNY and increasing use of mediation in EDNY cases, a large swath … Continued

Introduction While much has been said about partisanship among board members at the National Labor Relations Board, not much has been written about the agency’s General Counsel in this regard. This article examines the thinking behind the modern General Counsel position as codified in the Taft-Hartley Act. It argues that the aim of the system … Continued

Our previous article on this lawsuit1 focused on a challenge to the National Football League’s (NFL) “Rooney Rule” by Brian Flores, the former head coach of the Miami Dolphins who had been fired despite some success in the role. Immediately after he was fired, Flores secured several interview opportunities for vacant head coaching jobs, but he … Continued

On July 9, 2021, President Biden issued Executive Order 14036 on Promoting Competition in the American Economy, a directive aimed at fostering fair competition and dismantling barriers that hinder market competition.1 Within the Order, the president urged the Federal Trade Commission (FTC) to curtail the use of non-compete clauses that may unfairly limit worker mobility.2 While the … Continued

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