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

In 2021, many working parents struggled with challenges resulting from the new reality of remote work. Due to the pandemic outbreak in March 2020 (and continuing into 2022), offices shut down and as a result, employees began working from home. More than a year later, offices remained closed and many parents were still working remotely … Continued

Question I represent an employer who received a letter from a lawyer. The letter states the lawyer represents a former employee of my client who claims she was subject to unlawful discrimination. Among other statements in the letter, it provides that “unless this matter is brought to an acceptable resolution by January 31, the attached … Continued

Introduction Most plaintiffs in employment discrimination cases claim emotional harm and seek damages for emotional distress. In certain circumstances, when a plaintiff places his or her mental health at issue, this will result in a waiver of the psychotherapist-patient privilege that would otherwise apply to records of treatment for mental health issues. Attorneys representing both … Continued