Cases of workplace harassment typically involve pervasive, ongoing misconduct. However, any comments, actions or threats that create a hostile work environment can be the basis for a legal claim. And the New Jersey Supreme Court just ruled that even a couple of...
Employment Law For Employers
What to consider before signing a noncompete agreement
What to consider before signing a noncompete agreement Noncompete agreements restrict employment opportunities for employees after they leave their job. Thus, it is crucial to think carefully before agreeing to anything without consideration and legal guidance. Before...
Sexual harassment in the workplace now happening remotely
Countless professionals have become comfortable navigating Zoom meetings. But as workers settled into the new reality of working remotely in 2020-2021, new issues and transgressions emerge. Those who acted professionally in an office's relatively formal environment...
NY employers should take note of DOL “regular rate of pay” rules
Since Jan. 15, an updated U.S. Department of Labor (DOL) regulation has been in effect clarifying for employers which job benefits and perks to include in pay for purposes of calculating overtime due to nonexempt workers (usually hourly). The “regular rate of pay” is...
Are New York employers supposed to pay employees for time in voluntary training programs?
While this sounds like a straightforward question, the answer is that it depends. This matter is actually regulated in some detail under the federal Fair Labor Standards Act (FLSA) and its regulations – the main body of federal law governing wage-and-hour matters for...
New York employers may require COVID-19 vaccinations in most situations
Americans are mostly holding their collective breath for a time when the government may approve a vaccine for the novel coronavirus. The severity of the pandemic in New York and New Jersey has been traumatic, but many residents have concerns about the safety of...
New York employers must understand COVID-19 paid leave requirements
New York employers face unique challenges in dealing with the extreme impacts of the novel coronavirus on their workplaces. One major issue for employers, especially in our hard-hit city, is the legal right to COVID-19-related paid leave that Congress promptly created...
New York State’s fiscal year 2021 budget bill creates new sick leave requirements
The upcoming months and year will bring changes to sick leave requirements across New York state beginning on September 30, 2020. Starting on January 1, 2021, employers must allow eligible employees to use their earned sick time and return to their job after taking...
Is arbitration still cost-effective?
For years, arbitration has been a crucial cost-saving measure for handling worker disputes. Employers have long preferred arbitration to the much more costly alternative of litigation. However, now, many plaintiffs and their lawyers are filing so many arbitration...
Employers win big in Supreme Court case involving arbitration
When involved in an employment dispute, employers prefer arbitration over traditional litigation for a number of reasons, including that it costs less than going to trial. For instance, trials take longer so are more expensive. In addition, jurors are often...
