Tonight, Governor Cuomo announced that a deal has been reached to provide all employees with job-protected leave in the event they are subject to a mandatory or precautionary order of isolation or quarantine, subject to certain exceptions. The terms of the deal are set out in a legislative program bill, and some of the
Larry Tenenbaum
Walking the Coronavirus Tightrope: Practical Considerations for Employers Responding to the COVID-19 Pandemic
Employers have a duty to provide employees with a workplace that is free from recognized hazards that are likely to cause death or serious physical harm. Given the rapid spread of the novel coronavirus (COVID-19), what should New York employers do to fulfill this duty while balancing legitimate business needs? And, what legal pitfalls must…
Protect Your Business Against Claims of Leased or Temporary Workers
Most employers recognize that there are situations in which they might be liable to their employees. For example, employees may bring claims against an employer for wrongful termination. If an employee is injured on the job, he or she may have a claim arising from such injuries. Employers often have a blind spot, however, when…
Employers Now Subject to Greater Exposure to Liability for Plaintiff’s Attorneys’ Fees in Wage and Hour Cases
Wage and hour lawsuits (e.g., those involving an employee’s claim that he or she was deprived of overtime pay) under the Fair Labor Standards Act (“FLSA”) pose unique challenges for employers. This is due in part to the fact that the FLSA entitles a prevailing plaintiff to the payment of his or her attorneys’ fees…
New York Human Rights Law Now Applies to All Employers
The New York Human Rights Law has long prohibited employers from engaging in unlawful discrimination or harassment of employees. It has historically applied only to employers with four or more employees. However, as of February 8, 2020, the law applies to all employers in New York, regardless of size.
This change in the law means…
Confidentiality of Discrimination and Harassment Settlements in New York
In the last two years, the New York legislature has passed numerous changes to state laws about confidentiality provisions in workplace discrimination and harassment settlement agreements. These laws are an outgrowth of the #metoo and #timesup movements, which have shone a spotlight on victims of sexual harassment who are gagged from speaking about what they…