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Articles by Brian Gershengorn
NYC Responds to Employer Confusion Over State's Paid Prenatal Leave Requirements: 3 Key Points on City’s New Rules Kicking in July 2 | JD Supra
New York City employers must take note of recent changes to the Earned Safe and Sick Time Act (ESSTA) that are about to take effect. The new ESSTA rules provide important clarity on the statewide paid prenatal leave requirements that took effect earlier this year and can help you properly integrate prenatal leave into your policies and practices. This insight provides three key points on the city’s latest ESSTA updates to help you comply.
New York Delivers Good News to Employers in Battle Over Frequency of Payments Law for Manual Workers: 4 Top Takeaways | JD Supra
Businesses with New York employees are breathing a sigh of relief now that the state has finally addressed a hot button (and expensive) issue that has plagued them for nearly six years. A state court first ruled in 2019 that manual workers had the right to sue for frequency of pay claims – and the workers could essentially receive damages equal to half their wages for up to six years.
Workers Who Can Still Perform Job Without Accommodation Permitted to Advance ADA Claim: What Employers Need to Know | JD Supra
A federal appeals court recently clarified that an employee may qualify for a reasonable accommodation under the Americans with Disabilities Act (ADA) even if they can perform essential job functions without such an accommodation. The 2nd Circuit’s March 25 decision in Tudor v. Whitehall Central School District reinforces that the ability to perform essential job functions is relevant – but not decisive – in ADA failure-to-accommodate claims. What do employers need to know about this case?
New York Employers Must Provide Paid Lactation Breaks: 4 Key Takeaways | JD Supra
Nursing employees now have the right to paid break time to express breast milk during the workday under a New York State law that took effect June 19. This move underscores Governor Hochul’s push for legislation supporting families in the workplace and aligns with the state legislature’s recent trend to bolster employee rights and protections. Here are four key things you need to know about New York’s lactation law. 1.
EXPERT INSIGHTS-NEW YORK EMPLOYERS MUST PROVIDE PAID LACTATION BREAKS: 4 KEY TAKEAWAYS
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The Battle Over “Frequency of Pay” Claims in New York Continues: 3 Top Issues for Employers to Track | JD Supra
The legal landscape for “frequency of pay” claims involving manual workers in New York has recently been bubbling with activity. The state law at issue regulates the frequency in which “manual workers” must receive their wages and mandates weekly pay for workers who fall under the broadly defined term.
EXPERT INSIGHTS-NEW YORK EMPLOYERS HAVE MORE TOOLS TO CHALLENGE ‘FREQUENCY OF PAY’ CLAIMS AFTER RECENT WIN: YOUR KEY TAKEAWAYS
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New York Employers Have More Tools to Challenge “Frequency of Pay” Claims After Recent Win: Your Key Takeaways | JD Supra
If you’ve been tracking litigation related to New York’s “frequency of pay” requirement for manual workers, last week’s highly anticipated decision Grant v. Global Aircraft Dispatch brings welcome news to employers. The state law at issue regulates the frequency in which “manual workers” must receive their wages and mandates weekly pay for workers who fall under the broadly defined term.
Governor Signs 4 Key Changes to New York’s NDA Law: What Employers Need to Know | JD Supra
Governor Hochul recently signed a bill into law making significant changes to New York’s law on nondisclosure agreements, which will require employers across the state to make immediate changes to their practices. The amendments took effect on November 17 and apply to all agreements entered on or after that effective date. With one exception, the four key changes will further restrict the use of NDA provisions in certain workplace settlement agreements.
NYC Fast Food Employers Back in the Spotlight: More Amendments to the City’s Fair Workweek Law Coming Your Way | JD Supra
It is looking increasingly likely that fast food employers in New York City will have to deal with troubling new workplace regulations in the near future, including the prospect of increased penalties for violations, additional employee training requirements, and the threat of revoked business permits.
Top 5 Surprises for NYC Fast Food Employers in Finalized Fair Workweek Law Rules | JD Supra
New York City workplace regulators just finalized rules for New York City’s Fair Workweek and just cause laws for fast food workers – and there are some changes from the initial proposals that may come as a surprise to unsuspecting employers.
NYC Set to Finalize New Regulations to Further Complicate Fast Food Workplaces | JD Supra
New York City regulators recently proposed new rules that will further burden fast food employers, revealing a mixed bag of employer-unfriendly interpretations of existing city law while introducing potentially immense penalties for violations.
New York City Passes “Just Cause” Legislation For The Fast Food Industry, Greatly Increasing Workplace Protections For Employees | JD Supra
The New York City Council just passed two bills (Int. 1396-A and 1415-A) that limit when a fast food employer can discharge fast food employees, only permitting terminations for “just cause” or for a “bona fide economic reason” – both of which the employer must prove if challenged.
New York Begins to “Unpause”: What Businesses Need to Know to Move “New York Forward” | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
New York Announces COVID-19 Protections For Employees | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Title VII Evolution Continues: Another Appeals Court Finds Sexual Orientation Discrimination Actionable | JD Supra
Another federal court of appeals decided today that Title VII covers claims of sexual orientation discrimination, continuing the evolution of workplace discrimination law that has begun to sweep over the country in recent years.
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