Employment Law Blog

Congress recently passed a groundbreaking new law that will amend certain sections of the Federal Arbitration Act, and allow victims of workplace sexual harassment and sexual assault to have their day in court. This bill has significant benefits for workers, including giving worker’s options for litigating sexual harassment and sexual assault claims and the ability to take part in joint, class and collective actions against perpetrators. This law may provide a pathway to end employers’ continued use of forced arbitration agreements in all workers’rights disputes.

New legislation enhances New York's antiretaliation protections for current and former employees and independent contractors.

In a recently published feature, Outten & Golden's Wendi Lazar and Cody Yorke discuss the issues facing workers and their employers contemplating multinational remote work arrangements.

Fair access to loans is a civil right. Our livelihood depends on credit because we use loans to advance our education, purchase a home or a car, or keep our businesses running. This is why it is critical for lenders to stop blocking entire categories of consumers from accessing loans simply because they are not U.S. citizens and instead evaluate their application based on their credit history and profile.

Anyone who lost a job that provided group health insurance knows that COBRA continuation coverage can be a lifesaver. They also know that the costs of maintaining that coverage can be astronomical if not prohibitive, especially for someone looking for a new position. For workers who rely on COBRA coverage or are considering enrolling because of a layoff or termination, President Biden’s recently enacted American Rescue Plan of 2021 (ARP) provides significant relief, including subsidies that effectively make health insurance free for several months.

The #MeToo movement isn’t only about revealing abusive conduct by Hollywood moguls and television celebrities. Empowered in part by the strength of this movement, women and men employed in low-wage hourly jobs at McDonald’s and other fast-food franchises are stepping forward to expose sexual harassment and hostile work environments.

COVID-19 has devastated countless individuals and businesses, both economically and personally. Local, state, and federal agencies have hastily authorized economic relief programs to help ease the impact on families, communities, and the national economy. To address community needs, many agencies quickly distributed funds with minimal oversight. To prevent fraud and misuse of federal benefits, members of Congress have introduced proposed legislation called the Coronavirus Oversight and Recovery Ethics (CORE) Act, which also includes critical whistleblower protection provisions.

In an unfortunate decision for New Yorkers concerned about COVID-19 in the workplace, a federal judge recently ruled that the state’s whistleblower protection law does not apply to workers who complain about their employer’s failure to follow public health guidance.

The narrow reading of New York Labor Law Section 740 by the U.S. District Court for the Southern District of New York in HC2, Inc. v. Delaney could have a chilling effect on workers who have legitimate COVID-related concerns about returning to the workplace while the virus remains a threat to their health.

Darnley D. Stewart and Luis Hansen recently obtained a federal appellate victory on behalf of two female pre-trial detainees who were sexually harassed and assaulted by a corrections officer at the Riverhead Jail in Suffolk County, New York. The ruling of the appellate panel – authored by a judge appointed by former President Trump – is significant and creates new law.

Job seekers in Illinois will soon likely have fewer reasons to worry that past convictions will stand in the way of future employment opportunities. The Illinois legislature recently passed amendments to the Illinois Human Rights Act (IHRA) that expand “ban the box” protections against employment and hiring discrimination based on criminal history. If signed by Gov. J.B. Pritzker as expected, SB 1480 will make it more difficult for employers to justify using past convictions for adverse hiring decisions.