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

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