Morales Posada, an au-pair who worked through Cultural Care, Inc. initiated a lawsuit alleging that Cultural care is liable, as an employer of au-pairs, for failing to pay minimum wages and overtime pay under New York State law. Posada also alleges that Cultural Care failed to provide au-pairs with proper wage statements and failed to […]
On May 1, 2023, the Justices of the U.S. Supreme Court granted a petition for a writ of certiorari filed by a former UBS Securities LLC (“UBS” or the “Company”) researcher, Trevor Murray. As such, the Supreme Court will soon hear argument in the whistleblower retaliation lawsuit filed by Murray against UBS, Murray v. UBS […]
On April 18, 2023, the Supreme Court heard oral arguments in Groff v. DeJoy, a case involving (1) whether an employer can deny an employee a religious accommodation if the accommodation imposes “more than a de minimis cost” on the employer, and (2) whether an employer can demonstrate “undue hardship on the conduct of the […]
On December 9, 2022, Governor Kathy Hochul signed a bill into law expanding nursing mothers’ rights at work. The new law (SB 4844B) will take effect June 7, 2023 and amends New York Labor Law § 206-c which only requires employers to give reasonable break times and make reasonable efforts to provide a private area […]
A recent decision in the action Teyo Johnson v. Everyrealm, Inc., et al. before the Southern District of New York demonstrates that broad protections victims are afforded under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”). The EFAA makes a pre-dispute arbitration agreement invalid and unenforceable in connection with a case […]
As of January 1, 2023, the New York Paid Family Leave Law (the “NYPFLL”) expanded its protections to allow eligible employees to take paid time off to care for their siblings. Previously, the NYPFLL only allowed employees to take paid time off to care for spouses and domestic partners (of any gender), children, parents, parents-in-law, […]
As previously discussed here, the U.S. Supreme Court heard argument a few months ago in Helix Energy Solutions Group Inc. v. Hewitt, one of the more notable employment law cases headlining the Court’s October 2022 Term. The Court recently ruled in favor of Hewitt, finding that he is entitled to overtime compensation despite being paid […]
U.S. Equal Employment Opportunity Commission (EEOC) announced that United Airlines agreed to pay $305,000 to a Buddhist pilot as well as provide other relief. In the lawsuit, the pilot claims that United Airlines refused to accommodate his religious request. The pilot was diagnosed with alcohol dependency and lost his medical certificate issued by the Federal […]
Almost three years after signing into law legislation significantly amending New Jersey’s analog to the federal Worker Adjustment and Retraining Notification Act (“WARN Act”) —officially titled the Millville Dallas Airmotive Plant Job Loss Notification Act (the “NJ WARN Act”)—Governor Phil Murphy signed Assembly Bill No. 4768 on January 10, 2023, thereby permitting the far-reaching amendments […]
In recent weeks, tens of thousands of employees have been fired in mass layoffs, including employees at Google, Microsoft, Amazon, and other tech companies. With speculation of a looming recession, many more workers may be laid off in the coming weeks and months. While employers claim that layoffs are necessary to cut costs, layoffs may […]
On July 9, 2021, Present Biden issued an executive order insisting upon aggressive enforcement of antitrust laws. In the order, the White House specifically targeted non-compete agreements and urged both the Federal Trade Commission (“FTC”) and Department of Justice to ban or at least limit their use. In recent years, roughly half of states have […]
On December 7, 2022, New York State expanded protections afforded to working mothers by amending the Nursing Mothers in the Workplace Act (“NMWA”). Specifically, the updated NMWA now requires employers to (i) provide reasonable breaks to allow an employee to express breast milk each time the employee has a reasonable need to express milk for […]