Insights

Since the 1980s, over 80 percent of large U.S. companies have implemented some form of employee participation program designed to improve workplace policies and develop and effect operational changes advantageous to both...

The New York State Labor Law includes what is known as a “Whistleblowers’ Statute.” That law (Labor Law § 740) prohibits a private employer from retaliating against an employee who discloses or threatens to...

The Worker Adjustment and Retraining Notification Act (“WARN”) generally requires that an employer provide 60 days’ advance notice of a plant closing or mass layoff. 29 U.S.C. § 2101 et seq. (1988). The...

The U.S. Supreme Court has made clear that when an employer makes a decision on the basis of a criterion that is often correlated with age – such as high salary or length of service – as opposed to age itself, the...

Employers faced with the prospect of union-organizing efforts often ask about the means unions may use to solicit the support of employees, as well as the employer’s right to limit those activities. During union...

Employers often assume that when an employee continues to be employed after the expiration of his or her employment agreement, the employee automatically becomes an employee at will, whose employment is terminable at any...

It is well known that the National Labor Relations Act (the “NLRA”) protects the right of employees to engage in union activity. The scope of the NLRA’s protection, however, is far broader; the statute makes...

In the April, 1994 issue of this Newsletter, we reported with skepticism on a novel decision of a federal court in Pennsylvania, in which an employer was found to have violated the Age Discrimination in Employment Act (the...

Employers sued for employment discrimination frequently seek to make use of evidence discovered subsequent to the plaintiff-employee’s termination, showing that the employee engaged in wrongdoing during his or her...

As reported in the October, 1992 issue of this Newsletter, an amendment to the New York Labor Law, which took effect on January 1, 1993, makes it unlawful for New York employers to take adverse employment actions against...