Insights

New York recently enacted legislation placing greater responsibilities on employers who request background checks on their employees or prospective employees.  The law amends Sections 380-c and 380-g of the New York General...

On September 25, 2008, President Bush signed into law the Americans with Disabilities Act Amendments Act (the “ADAAA”), which will significantly broaden the scope of the Americans With Disabilities Act (the “ADA”). ...

In a case with important implications for employers responding to EEOC investigations, the U.S. Court of Appeals for the Ninth Circuit recently decided that the EEOC’s subpoena power may be exercised against an employer...

Strictly speaking, the Employee Free Choice Act of 2007 is not yet back before the United States Congress. However, if the Democrats prevail in November’s Presidential election, we can expect to see Big Labor and its...

Awards rendered by arbitrators are ordinarily subject to limited judicial review and may be overturned only in narrow circumstances.  In particular, an award is not subject to attack in court merely because it contains...

On February 1, 2009, New York will join a handful of other states which have enacted state plant closing laws that are more stringent than the federal Worker Adjustment and Retraining Notification (“WARN”) Act. The...

One of the most important legal developments to affect the American workplace in the past two decades is the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.).  The ADA was championed by then-Senator...

Effective September 6, 2018, New York City employers must comply with the posting and notice requirements in the newly enacted Stop Sexual Harassment in NYC Act. (See New York State and New York City Both Expand Laws...

New York’s Governor David Patterson has signed into law the “Broadcast Employees Freedom to Work Act” ( Senate Bill S02393, Assembly Bill A 2124-A),  which adds a provision to the New York Labor Law banning non-compete...

An employer’s nightmare is the productive employee who leaves the company and begins competing against it.  Given this reality, what is an employer to do?  In many cases, the answer is:  write an employment contract that...