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New York

Stay on the right side of NLRA when designing your dress code

01/10/2025

The National Labor Relations Act specifically allows workers to wear buttons signifying their support for a labor union. How many buttons? Recent cases brought before the National Labor Relations Board, which enforces the NLRA, have raised that very question.

Raise your paw if you’re on board with this new benefit

12/16/2024

The New York City Council is considering legislation that would allow employees who work in the city to take paid leave to care for their sick or injured pets.

Can workers demand remote work as a form of FMLA leave?

11/18/2024

Employees who are eligible for FMLA leave sometimes don’t want to take it because it’s unpaid. However, some have begun asking to take intermittent FMLA leave on a work-from-home basis, so they can care for a sick child or other close relative and still collect a paycheck. Must employers grant such a request? It’s tricky.

OK to place reasonable limits on religious accommodations

11/13/2024

Employers must reasonably accommodate employees’ religious needs, but there are limits.

DEI program survives lawsuit alleging reverse discrimination

03/25/2024

A recent 2nd Circuit Court of Appeals case may slow down the fight to kill DEI programs for employers that believe the initiatives are both necessary and serve a legitimate business purpose.

Pay on time or pay the price

03/20/2024

In New York, manual workers must be paid weekly. Who can sue if employers fail to pay on time? A New York appellate court has ruled that only the labor department can sue noncompliant employers, not employees.

Require HR to review all religious accommodation requests

03/11/2024

Last June’s Groff v. DeJoy Supreme Court decision essentially requires employers to grant almost all employee requests for religious accommodations unless doing so would create an undue burden. Do not allow supervisors to make those decisions on their own. Once HR makes an accommodation plan, do not allow supervisors to deviate from it.

Double-dip: Beware this new employee lawsuit tactic

03/04/2024

The EEOC complaint process gives employers a chance to investigate allegations and resolve the problem if possible. It also allows the opportunity to see what evidence the employee has and seek a settlement if the facts warrant it. But some aggressive plaintiffs’ attorneys have adopted a new litigation tactic—simultaneously filing both an EEOC complaint and a separate federal lawsuit alleging other related claims.

Can you rein in political speech at work?

02/16/2024

Most employers would prefer employees focus on work and not the state of the world when they are on the clock. So how can you quell political arguments in the workplace? You must balance employees’ interest in speaking freely with your interest in maintaining order and productivity:

Lawsuit-proof your firing decisions: Have those who hire or promote also do the firing

01/26/2024

Here’s one easy way to cut down on lawsuits when you have to fire an employee: Have the same person who hired or last promoted the employee also make the final decision on termination.