The news has been consumed with massive tech company layoffs. Large companies such as Twitter, HP, Cisco, Amazon, and Roku are only a few of the companies that have recently made drastic employee cuts. While companies prepare for a recession, it is important for employees to know their rights. Under the Federal Worker Adjustment and […]
On November 18, 2022, Judge Diane Gujarati of the United States District Court for the Eastern District of New York Court issued an order enjoining Amazon from retaliating against union organizers in its JFK8 Warehouse, located in Staten Island. Judge Gujarati rendered her decision after Amazon terminated, suspended, and issued performance related write-ups to several […]
Retaliation is the most frequent alleged basis of discrimination. Retaliation is when an employer takes an adverse action against an employee for engaging in protected activity. Protected activities include, but are not limited to, filing a complaint, answering questions during an employer investigation, resisting sexual advances or intervening to protect others, and requesting an accommodation […]
As previously outlined here and here, in January 2022, the New York City Council enacted an amendment to the New York City Human Rights Law, requiring employers to list minimum and maximum salary ranges in job postings. The new law, which goes into effect on November 1, 2022, reflects an effort by the City to […]
The Second Circuit Court of Appeals recently revived a lawsuit alleging the bank unlawfully fired an employee for engaging in political activities outside of work, thereby reaffirming the validity of and legitimate protections provided by a rarely invoked provision of the New York Labor Law (“NYLL”). In Truitt v. Salisbury Bank and Trust Company, et […]
The Age Discrimination in Employment Act (ADEA) prohibits employment discrimination against individuals 40 years or older. To prove age discrimination, an employee must establish that (1) he or she is in the protected age class; (2) he or she was subjected to an adverse employment action; (3) he or she was qualified for the job; […]
On September 30, 2022, the New Jersey Assembly took a step toward allowing employees who endured discrimination, retaliation, or harassment at the workplace to speak about their experiences on the job. Specifically, New Jersey lawmakers advanced a bill barring settlement agreements in employment related cases from including language that require the parties not to disparage […]
A non-compete agreement is an agreement or clause in a contract specifying that an employee must not work for a competitor or enter into business in competition with the employer during or after employment. Non-competes are used to protect company trade secrets and client relationships. Eleven states in the United States ban non-competes for […]
New York City will soon enact novel legislation, Local Law Int. No. 1894-A, aimed at curbing bias in hiring and promotion decisions aided by artificial intelligence (“AI”), which has increasingly been employed by businesses in recent years. The new law, which requires employers to conduct an independent audit of the automated tools they use, marks […]
The Fourth Circuit recently held that people suffering from gender dysphoria qualify for protections under the American with Disabilities Act (“ADA”). The ADA protects people who suffer from disabilities. Under the ADA, “disability” is broadly defined to include “a physical or mental impairment that substantially limits one or more major life activities of such individual.” […]
On August 2, 2022, the New Jersey Supreme Court unanimously reversed a finding that workers for a drywall installation company were independent contractors, instead ruling that the workers had been misclassified and were, in fact, employees. As previously outlined here, in 2018, the Supreme Court of California established the so-called “ABC Test,” which creates a […]
On August 10, 2022, Chipotle Mexican Grill, Inc. (“Chipotle”) and New York City reached a $20 million settlement to resolve a suit filed by the city in April 2021 alleging the restaurant committed approximately 599,693 violations of the Fair Workweek Law (“FWL”) and failed to provide its employees the requisite 56 hours of paid sick […]
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