As of June 19, 2024, employers are required to provide “paid break time for thirty minutes, and permit an employee to use existing paid break time for a meal time for time in excess of thirty minutes” to allow the employee to express breast milk when an employee “reasonably” needs to do so. Prior state…
This update will cover all things business related, specifically addressing the law as well as trends that impact employers and their relationships with employees, including but not limited to litigation. Moreover, while the employer/employee relationship is of significant concern for any business, the update will also focus on issues as they relate to businesses who find themselves in disputes with other entities and/or individuals as well as those situations where shareholders and/or LLC members find themselves in disputes amongst themselves as employers’ issues are not simply confined to those covered by employment law. This update will provide timely information relevant to employer/businesses whether that pertains to significant court decisions, trends and news that employers/businesses should be aware of as they navigate the operation of their life’s work.
EEOC’S Latest Harassment Guidelines
June 27, 2024
The U.S. Equal Employment Opportunity Commission (EEOC) issued its first update to its harassment guidelines in 30 years. No longer do the guidelines focus predominantly on issues such as sexual harassment but also include pronoun usage, religious practice and social media in the context of a harassment claim. For example, the new guidelines make it…
Common Issues – LLC Litigation
June 17, 2024
In a recent decision by Justice Andrew Borrok in the New York County Commercial Part, the court was faced with several common issues which arise when two LLC members find themselves in court. In the May 14, 2024 decision handed down in Matter of the Petition for Dissolution pursuant to NY LLC Law v. Gad…
Attorneys’ Fees: The “Hidden Costs” of Discrimination and Wage and Hour Litigation
June 12, 2024
Almost 20 years ago I published an article in the Nassau Lawyer regarding the often overlooked additional costs of defending litigation where, by statute, the prevailing party is entitled to attorneys’ fees and costs. I called them “hidden” because many clients do not appreciate the fact that, even the most marginal claims where damages may…
Whistleblowers And Potential Breach Of Fiduciary Duty
March 12, 2024
Whistleblowers are protected under a variety of state and federal laws. In New York, there is New York Labor Law §740, which has been amended in 2020 and 2021 to improve protections for New York whistleblowers. With those amendments, in the healthcare field in particular, a 2020 amendment to the statute expanded the scope of…
Jury Verdict Cut Down To Size
February 6, 2024
Normally, when I write regarding employment and or commercial matters, my focus is on the New York courts, and rightfully so. The decisions in these cases are either controlling and/or extremely persuasive and this is where I practice. However, sometimes cases from across the country with interesting outcomes have some relevance to New York businesses.…
Workplace Retaliation Claims: A Far Greater Problem Than Employers Realize
September 13, 2023
According to EEOC statistics, the number one claim filed with the EEOC in employment discrimination settings was retaliation. Moreover, the federal court statistics on jury verdicts over the past five years readily demonstrate that even when claims involving the underlying complaint of discrimination are unsuccessful, the retaliation complaints enjoy greater success by far. The reason…
Severance Agreements – Part Deux
April 13, 2023
In February, I wrote regarding the National Labor Relations Board’s (NLRB) recent decision in McLaren McComb on this blog. That decision held that an employer violated Section 8(a)(1) of the National Labor Relations Act by proffering severance agreements containing overly broad non-disparagement and confidentiality clauses. That decision has caused quite a bit of consternation on the part…