As of September 30, 2020, employees throughout the Empire State can begin earning paid sick leave in accordance with the New York Sick Leave Law (“NYSLL”). Under the NYSLL, employees accrue sick leave at a rate of one hour for every 30 hours worked and have the right to earn up to 56 hours of […]
News
Five Employment Law Questions Debate Moderators Should Ask the Candidates for Vice President
On Wednesday, October 7, 2020, Vice President Mike Pence and Senator Kamala Harris are scheduled to appear for their first and only debate of the election cycle. Given the advanced age of the presidential candidates, as well as President Trump’s recent positive test for COVID-19, the upcoming vice presidential debate has taken on increased significance […]
Court Strikes Down Department of Labor Rule Narrowing the Definition of “Joint Employer”
On September 8, 2020, the Honorable Gregory H. Woods of the Southern District of New York struck down a final rule (the “Rule”) issued earlier this year by the U.S. Department of Labor (“DOL”). The Rule narrowed the definition of a vertical joint employer under the Fair Labor Standards Act (“FLSA”) to require that a […]
Gay Employee Can Sue Church for Hostile Work Environment says the 7th Circuit
On September 1, 2020, the U.S. Court of Appeals for the Seventh Circuit ruled 2-1 that the ministerial exception does not bar an employee from bringing hostile work environment claims linked to protected traits such as sexual orientation and health conditions. In the case at hand, Sandor Demkovich v. St. Andrew the Apostle Parish, […]
9th Circuit Rules Amazon Drivers Don’t Have to Arbitrate
On August 19, 2020, in a 2-1 decision, the 9th Circuit affirmed a Washington District Court’s decision rejecting Amazon.com Inc.’s plea to arbitrate wage claims brought by a class action of Amazon drivers alleging they were misclassified as independent contractors as opposed to employees. The 9th Circuit found that the Amazon drivers were in fact […]
Court Stops Trump Administration from Rolling Back Anti-Discrimination Protections for LGBTQ Patients
On August 17, 2020, a New York federal court granted a preliminary injunction blocking the U.S. Department of Health and Human Services (“HHS”) from rolling back anti-discrimination protections for LGBTQ patients. On June 12, 2020, HHS issued new rules governing health programs administered by federal agencies or with the help of federal financial assistance. Specifically, […]
Senate Democrats Propose College Athletes Bill of Rights
On August 13, 2020, Senate Democrats announced the framework for a College Athletes’ Bill of Rights seeking to “guarantee fair and equitable compensation, enforceable safety standards, and improved educational opportunities for all college athletes.” This landmark proposal confronts unjust policies enacted by the National Collegiate Athletic Association (“NCAA”) restricting college athletes from receiving compensation for […]
ne Dead, Three Injured in Tragic Scaffolding Collapse in New York City
On July 16th, 2020, at approximately 4:20 p.m. one construction worker died and three others were hurt when a section of a 12-story building’s parapet – located on East 36th Street near Lexington Avenue in Murray Hill – fell from the top of the building on workers below. Specifically, two workers were on a movable […]
Colorado Passes Paid Sick Leave Law
On July 14, 2020, Colorado Governor Jared Polis signed the Healthy Families and Workplaces Act (“Act”), guaranteeing paid sick leave to Colorado workers. Colorado joins 12 other states, including New York, and Washington, D.C. in enacting legislation that requires businesses to provide job-protected paid leave to its employees. As of January 1, 2021, businesses (with […]
Philadelphia Passes Law Protecting Coronavirus Whistleblowers
While non-essential businesses across the United States are now beginning to re-open, workers at grocery stores, department stores, pharmacies, parcel delivery services, and other essential businesses have been reporting to work for months, forced onto the frontlines of the COVID-19 pandemic and constantly putting their health at risk. In some cases, these essential workers have […]
Cities and States to Increase Minimum Wages in July
On July 1, 2020, workers in many cities and states across the country are obtaining stronger wage protections. The hourly minimum wage rate that employers must pay their employees is set to increase in several states including Illinois, Nevada, and Oregon, as well as in various cities such as Chicago, Los Angeles, Minneapolis, San Francisco, […]
Supreme Court Delivers Landmark Decision for LGBTQ Employees
On June 15, 2020, in a 6-3 decision, the Supreme Court of the United States ruled the Civil Rights Act of 1964 protects gay, lesbian, and transgender employees from discrimination based on sex in the workplace. The historic decision is a blow to the Trump administration, which sided with the employers in the three consolidated […]
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