On August 5, 2020, the United States Equal Employment Opportunity Commission (“EEOC”) produced new guidance on the applicability of the Americans with Disabilities Act (“ADA”) to employees and the use of opioids, as well as documentation for healthcare providers to assist in advising patients on maintaining employment status while treating with opioids. The National Institute […]
The New York Sick Leave Law, effective September 30, 2020, amends the New York Labor Law by adding Section 196-b, mandating that many New York employers provide paid sick leave (SB 7506B, Part J)[1]. Specifically, employees may start to accrue sick leave starting September 30, 2020, and may use the accrued sick leave starting January […]
Marijuana Drug Tests and Job Applications Marijuana laws have begun to shift in recent years. Not only does this affect how use of the drug is handled in general when it comes to legal issues, it also means employers must alter their approach to marijuana use by employees. However, just because the use of a […]
Judge grants Conditional Certification of Collective Action in the Southern District of New York Baez and Santana v. Cayuga Home for Children; Case No.: 20-cv-02912 As previously reported on this website, in Baez et al v. Cayuga Home for Children; Case Number:1:20-cv-02912-MKV, on April 8, 2020, Lead Plaintiffs, Ms. Baez and Ms. Santana, on behalf […]
Independent Contractor vs. Employee On August 10, 2020, San Francisco Superior Court Judge Ethan P. Schulman recently ordered Uber and Lyft to classify its drivers as employees, in a startling upset to the multimillion-dollar rideshare companies that base their business models on working with drivers as independent contractors rather than hiring them as employees. Judge […]
Families First Coronavirus Response Act (FFCRA) In light of the COVID-19 pandemic, the Families First Coronavirus Response Act (“FFCRA”) has been enacted to temporarily extend the Family and Medical Leave Act (“FMLA”) in order to support families due to sudden school and childcare changes. Although many parents were able to manage working while taking care of […]
New Action filed in the District of New Jersey Cocco v. Stratas Foods LLC, d/b/a Admiration Foods, et al. Civil Case No.: 19-15979 (KM) On July 29, 2019, Plaintiff Cocco filed a lawsuit in the United States District Court for the District of New Jersey against STRATAS FOODS LLC, d/b/a ADMIRATION FOODS (“Admiration”), and ROBINSON PEREZ, […]
Wage and Hour Law Imagine working hard for your employer only to learn you won’t be paid for your work. It sounds like a nightmare, but it happens more often than people realize. Luckily, there are laws in place that protect workers’ pay and ensure they receive the wage they deserve. According to information from […]
New York’s Human Rights Law Extends Protection to Small Businesses The majority of federal laws protecting employees apply only to medium to large-sized businesses. This means that the millions of people who are employed by small businesses across the country do not receive the same protection that others receive just because their employer is smaller. […]
On Friday, July 17, 2020, former NHL player Jeremy Roenick filed a lawsuit in New York State Supreme Court against NBC Sports for wrongful termination. Roenick’s suit alleges that the network discriminated against him as a straight man by terminating his employment because of off-color remarks he made on a Barstool Sports podcast, in violation […]
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