Thirty years ago the New York State Legislature passed what became known as the Legal Activities Law to protect employees from discrimination based on their after-hours activities outside of the workplace. The statute, § 201-d of the New York Labor Law, not only has long prohibited employers from taking adverse action against workers for their … Continued
Dear Members, With the dark cloud of COVID appearing to lift and spring underway, we return to a new normal. Many of us are back to in-person proceedings but with some remote hearings. Our Section has remained engaged, robust, and vibrant throughout the pandemic. A large number of our members attended the fall Section meeting … Continued
I. Introduction Once upon a time, there were two distinct causation standards under Title VII of the Civil Rights Act of 1964 (“Title VII”): “but-for” and “motivating factor.”1 Then, in 2020, the Supreme Court issued its decision in Bostock v. Clayton County, Georgia.2 Although the decision was welcomed by many for its explicit prohibition of discrimination on the … Continued
Since the end of the 2021 legislative session last June, New York State and New York City have seen several changes. Changes in leadership, from Governor Cuomo to Governor Hochul and Mayor Bill De Blasio to Mayor Eric Adams. A change in the workplace, from fully remote employees during much of the pandemic to many … Continued
Introduction The sports world was rocked in February 2022 when Brian Flores sued the National Football League and three of its teams for racial discrimination. Flores compiled 25 wins and 24 losses in three seasons as the head coach of the Miami Dolphins, concluding with records of 10-6 and 9-8 in the last two seasons, … Continued
Introduction This article will focus on solving the misclassification of gig economy workers as independent contractors. Rather than trying to fit gig workers into either an employee or independent contractor classification, this article suggests using a portable benefits system to retain worker protection as well as employer flexibility. Part I will discuss the relevance of … Continued