Insights

Section 7 of the National Labor Relations Act (“NLRA”) protects the rights of employees to join, form and support unions, as well as to engage in other “concerted activity for the purpose of collective...

The U.S. Court of Appeals for the Second Circuit recently ruled that the New York Department of Correctional Service’s sick leave policy, requiring corrections officers to submit a general diagnosis as a precondition to...

For years, courts have debated the enforceability of written agreements to arbitrate employment disputes. In its landmark 2001 decision in Circuit City Stores, Inc. v. Adams, 532 U.S. 105 (2001), the U.S. Supreme Court...

The Fair Labor Standards Act (“FLSA”) is the federal law that establishes standards for minimum wages, overtime pay, and child labor. In particular, FLSA requires that employees who work in excess of 40 hours in a...

In a potentially significant decision, the U.S. Court of Appeals for the Second Circuit in New York has ruled that an employer’s duty of reasonable accommodation under the Americans with Disabilities Act...

The Supreme Court has agreed to review a case under the Americans with Disabilities Act (“ADA”) involving a company’s refusal to rehire a former drug user who had successfully completed a drug treatment...

A recent California Supreme Court decision emphasizes that state law protections for disabled employees go beyond those provided by the federal Americans With Disabilities Act (“ADA”). In Colmenares v. Braemar...

On December 17, 2002, New York Governor Pataki signed a civil rights bill that prohibits discrimination based on sexual orientation. The bill, which amends the New York State Human Rights Law, prohibits discrimination against...

Many employers view arbitration as an inexpensive and efficient alternative to court litigation for the resolution of discrimination claims and other workplace disputes. The year 2002 ushered in significant developments in...

Effective November 16, 2002, the New York State Human Rights Law was amended to prohibit employers from imposing on an employee any term or condition of employment that would require the employee to violate or forego a...