David E Schwartz

June 17, 2024 | New York Law Journal

This column discusses three recent U.S. Supreme Court rulings that impact an employee's ability to challenge their employer's actions and an employer's ability to compel arbitration.

By David E. Schwartz and Emily D. Safko

8 minute read

December 28, 2023 | New York Law Journal

Heading into the new year, employers should be mindful of recent updates to New York state and city law. In the past few months, New York has enacted new laws, amended current laws and updated rules concerning social media, settlement agreements, captive audience meetings, wage payment, size bias, and safe and sick time.

By David E. Schwartz and Emily D. Safko

8 minute read

October 20, 2023 | New York Law Journal

The U.S. Equal Employment Opportunity Commission has issued its Proposed Enforcement Guidance on Harassment in the Workplace, which includes comprehensive guidance on different types of harassment and associated liabilities. This article provides an overview of the proposed guidance.

By David E. Schwartz and Emily D. Safko

7 minute read

August 17, 2023 | New York Law Journal

This column reviews the Court's decisions addressing treatment of company property during labor strikes, what it means to be paid a salary, the undue hardship standard for defending the denial of a religious accommodation, and affirmative action.

By David E. Schwartz and Emily D. Safko

8 minute read

June 09, 2023 | New York Law Journal

The increased use of AI poses particular challenges for employers with unionized workforces. The introduction of new technologies is nothing new for employers and unions. However, the potential disruption that AI could cause to certain industries, including the entertainment industry, has already garnered attention.

By David E. Schwartz and Emily D. Safko

9 minute read

April 11, 2023 | New York Law Journal

Employers must be familiar with the increasingly complicated patchwork of laws regulating confidentiality agreements and other restrictive covenants.

By David E. Schwartz and Emily D. Safko

9 minute read

February 08, 2023 | New York Law Journal

This column addresses several recent Board rulings that have a significant impact for all U.S. employers, including those without a unionized workforce.

By David E. Schwartz and Emily D. Safko

9 minute read

April 27, 2022 | New York Law Journal

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (SASH Act) amends the Federal Arbitration Act to prohibit employers from enforcing predispute arbitration agreements or joint-action waivers relating to sexual assault or sexual harassment disputes brought under federal, tribal or state law.

By David E. Schwartz and Emily D. Safko

7 minute read

February 18, 2022 | New York Law Journal

Many companies have already implemented ESG efforts and many more are considering the issues, including whether to make ESG-related disclosures. Companies should be cautious not to overstate efforts, as doing so may risk Rule 10b-5 violations or other legal liabilities.

By David E. Schwartz and Emily D. Safko

7 minute read

December 10, 2021 | New York Law Journal

In the past few months, New York has seen laws and guidance concerning wage deduction claims, the impact of cannabis legalization in the workplace, expanded protection for whistleblowers and new notice requirements for monitoring employees' emails, phones and Internet usage. David E. Schwartz and Emily D. Safko explore these developments in this edition of their Labor Relations column.

By David E. Schwartz and Emily D. Safko

8 minute read