The National Labor Relations Board (NLRB) has ruled that a union displaying a “Scabby the Rat” inflatable in front of a neutral secondary employer was a valid exercise of their First Amendment rights. However, the court failed to create a distinct rule that determined what was, or was not, a valid exercise of union speech under the National Labor Relations Act (NLRA). This decision may indicate that other, similar protests will become more common against secondary employers in the future. Continue reading “NLRB Rules Use of “Scabby the Rat” Valid Against Secondary Employer”
Category: Employment Law
OSHA Issues Guidance on Unvaccinated and At-Risk Employees
The Occupational Safety and Health Administration (OSHA) has issued new guidance that dictates how employers should handle unvaccinated and at-risk employees. These guidelines are meant to help employers who are adjusting to having a partially vaccinated workforce, especially those who are transitioning back from remote work to working at an office. Employers should be mindful of this guidance, especially as it might affect their own liability in the event that an employee becomes infected with COVID on the job. Continue reading “OSHA Issues Guidance on Unvaccinated and At-Risk Employees”
Working From Home Raises Data Security Concerns
The coronavirus pandemic has led to many changes in the workplace, with the broad move to working from home being one of the most dramatic. With that shift away from the workplace, however, has come a breakdown in standard practices, leading to some employees relying on non-standard solutions for their workplace problems. In some cases, this has caused data security issues that can potentially impact how businesses protect their sensitive information. Continue reading “Working From Home Raises Data Security Concerns”
Delivery Fee Not a Gratuity Under NYS Law, According to Second Circuit
In a case likely to have ripple effects across the industry, the Second Circuit of the United States Court of Appeals has ruled that a mandatory “delivery fee” was not a gratuity under New York State Law. This ruling may significantly impact delivery services throughout the state, who in some cases have been significantly underpaying delivery people on the basis of a “delivery fee” they received. Companies employing delivery people will need to reexamine their pay structure and compensate employees for lost wages. Continue reading “Delivery Fee Not a Gratuity Under NYS Law, According to Second Circuit”
Medical Manufacturer Settles Whistleblower Suit for $37.5 Million
A California-based manufacturer of durable medical equipment (DME) has settled a lawsuit brought against it by the Department of Justice (DOJ) for $37.5 million. The suit accused the company of violating the Anti-Kickback Statute of the False Claims Act, alleging they had paid money, and offered other incentives, to those that offered their equipment. The suit came about due to whistleblowers at the company reporting their practices to the DOJ, and a part of the settlement is directed to redressing whistleblower grievances. Continue reading “Medical Manufacturer Settles Whistleblower Suit for $37.5 Million”
LGBTQ Discrimination Cases Go to Supreme Court
The Supreme Court recently heard arguments on cases related to discrimination against Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) people in the workplace. These cases, including Bostock v. Clayton County and R.G. & G.R. Harris Funeral Homes Inc. v. EEOC, alleging employees were discriminated against because they were discovered to be gay and transgender, respectively. In both cases, the question is not whether they were discriminated against, but instead, whether that discrimination violated the law. Continue reading “LGBTQ Discrimination Cases Go to Supreme Court”
How to Protect Yourself From Employment Discrimination Claims
If you’re an employer, chances are you’ve concerned yourself with the possibility of an employment discrimination lawsuit. Even if you go out of your way to treat all your employees with respect and fairness, the risk of a discrimination lawsuit is ever-present. And unfortunately, simply being well-intentioned doesn’t necessarily protect you from a discrimination suit. Continue reading “How to Protect Yourself From Employment Discrimination Claims”
New York City Takes Steps to Combat Discrimination Based on Hair
In February 2019, New York City released new guidelines that would provide legal recourse to those who have faced harassment, punishment, or termination due to their hair or hairstyle. As reported by The New York Times, the legal enforcement guidelines, which were released by the New York City Commission on Human Rights (NYCCHR), specify that targeting individuals based on their hair or hairstyle at work, in school, or in public spaces can now be considered racial discrimination. The law is applicable to New York City. Continue reading “New York City Takes Steps to Combat Discrimination Based on Hair”
What is a Hostile Work Environment?
Unfortunately, some individuals may find themselves in situations in which they feel they are working in a “hostile” work environment. However, many times, what an individual perceives to be a hostile work environment will not be legally recognized as a hostile work environment which could give rise to a lawsuit. Determining the difference between a stressful or unpleasant workplace and one which can give rise to a lawsuit is crucial. Continue reading “What is a Hostile Work Environment?”
How the Flu Season Affects Your Business
Flu season is here and with it comes a wave of employee sick leaves that may ultimately affect your business. According to The New York Times, last flu season was the worst in nearly a decade, more severe than any flu outbreak since the swine flu in 2009. As many as 28,000 New Yorkers were hospitalized for flu-related symptoms. It is important that employers in New York City are aware of the laws applicable to employee paid sick leave. Continue reading “How the Flu Season Affects Your Business”
