In April, the Supreme Court issued a decision in Muldrow v. City of St. Louis, Missouri, lowering the standard that federal courts had applied for decades on discriminatory transfer claims under Title VII of the Civil Rights Act of 1964. Among other things, a discrimination claim requires a certain level of disadvantage to the employee to survive: the employee must suffer an “adverse employment action.” For a transfer, federal courts have long held that it must result in a “significant” or “material” disadvantage to constitute an adverse employment action. This changed in Muldrow, where the Supreme Court held transferees need only show “some harm.”
Articles About New York Labor And Employment Law.
New York Freedom of Information Law Amendment Mandates New Policy
What Responsibilities Do Employers Have Under New York State’s Retail Worker Safety Act?
New York Enacts Law Requiring Retail Employers to Implement Workplace Violence Prevention Training and Policies and Provide Panic Buttons
New York Governor Kathy Hochul signed a bill on September 4, 2024 that requires retail employers to develop and implement workplace violence prevention training and policies, among other measures. The law becomes effective 180 days after her signature, or March 3, 2025.
New York’s Retail Workplace Violence Prevention Bill Signed Into Law by Governor Hochul
#MeToo: New York State Court Allows Actor’s Claims Against Entertainment Companies to Proceed Based on Alleged Conduct in 1995 by Weinstein
A New York state judge has denied motions to dismiss actor Julia Ormond’s claims against a film company, its parent company, and a talent agency based on conduct by film producer Harvey Weinstein, who Ormond alleges assaulted her in December 1995 in her Manhattan apartment. In her lawsuit, Ormond alleges
WEBINAR: Guidelines for Classifying Independent Contractors and Complying with the New NY FIFA Law
Finally, a clear distinction of who is an independent contractor vs. an employee! Join us for this free webinar and learn to classify workers with confidence and avoid the legal implications of misclassifying them.
Fraud Doesn’t Pay in New York – August 2024 Update
An Overview of Recent Decisions Demonstrating the Board’s Continuing Attitude Toward 114-a
The Spotlight Shines Even Brighter: New York Attorney General Publishes Guidance On Businesses’ Use Of Website Tracking Technologies
Organizations across the spectrum rely heavily on website tracking technologies to understand user behavior, enhance customer experience, and drive growth. The convenience and insights these technologies offer come with a caveat, however: They can land your organization in hot water if not managed in careful compliance with fast-evolving law.
Recent
WEBINAR: How to Maximize Subrogation Recovery in New York Workers’ Compensation Claims
Goldberg Segalla partners Christopher J. Major and Matthew P. Palazzola will provide practical, hands-on advice for maximizing the subrogation potential of a New York workers’ compensation claim, including via both Section 29 of the WCL and intercompany loss transfer pursuant to Ins. Law 5105.
New York’s Freelance Isn’t Free Act Will Take Effect on August 28, 2024
Under New York’s Freelance Isn’t Free Act (FIFA), effective August 28, 2024, companies hiring freelancers (1099s/independent contractors) will be required to comply with the law’s contract, payment, recordkeeping, and anti-discrimination requirements. Given its broad scope and applicability, individuals and businesses that contract with freelancers should familiarize with the FIFA, and
Freelance Isn’t Free: A Contract Ingredient for New York’s Restaurants
New York’s Freelance Isn’t Free Act, which requires that a business provide any freelance worker with a written contract if the freelance work is worth at least $800, inclusive of multiple projects over a 120-days period, will go into effect August 28, 2024.
Even with Unfavorable IME Opinions on Causal Relationships, Psychological Workplace Injuries May Be Not Compensable
Job stress is an unfortunate reality of being part of today’s workforce.
Reminder: New York City Employer Obligations Set by the DCWP Now In Effect
New York City employers are now required to distribute the “Know Your Rights” notice to all employees and post a copy which includes a QR code and website link; New employees must receive the notice before their first day on the job
REMINDER—New York City ‘Workers’ Bill of Rights’ Notice Requirements Take Effect on July 1, 2024
Employers in New York City must begin distributing a new, city-created “Workers’ Bill of Rights” poster to employees and new hires on July 1, 2024.