David E Schwartz

October 07, 2021 | New York Law Journal

New guidance from the EEOC explains that an employer may not discriminate against an employee on the basis of gender identity. David E. Schwartz and Kimberly Franko Lower examine the guidance in this edition of their Labor Relations column. They write that New York employers should consider how to implement the EEOC Guidance, as well as similar state and city laws.

By David E. Schwartz and Kimberly Franko Lower

7 minute read

August 13, 2021 | New York Law Journal

In this edition of their Labor Relations column, David E. Schwartz and Kimberly Franko Lower review decisions pertaining to unlawful computer access under the Computer Fraud and Abuse Act of 1986, union access grants amounting to takings and how far vicarious liability for employers extends in New York for claims of discrimination and sexual harassment.

By David E. Schwartz and Kimberly Franko Lower

7 minute read

June 10, 2021 | New York Law Journal

As employers welcome workers back to the office, they are met with an array of new and untested queries on federal equal employment opportunity laws. In this edition of their Labor Relations column, David E. Schwartz and Mari C. Stonebraker explore the EEOC's recent guidance, which answers some of these questions.

By David E. Schwartz and Mari C. Stonebraker

8 minute read

April 01, 2021 | New York Law Journal

In this edition of their Labor Relations column, David E. Schwartz and Mari C. Stonebraker discuss various provisions of the American Rescue Plan Act of 2021, as well as the New York paid vaccine leave law, and advise that employers should ensure compliance and stay current on new developments.

By David E. Schwartz and Mari C. Stonebraker

7 minute read

February 04, 2021 | New York Law Journal

In this edition of their Labor Relations column, David E. Schwartz and Risa M. Salins discuss the current state of COVID-19-related FFCRA leave and federal unemployment insurance benefits, including recent Labor Department guidance in these areas, as well as potential changes anticipated under the Biden administration.

By David E. Schwartz and Risa M. Salins

7 minute read

December 04, 2020 | New York Law Journal

As Inauguration Day approaches, employers are looking ahead to what the next four years may hold. In this edition of their Labor Relations column, David E. Schwartz and Risa M. Salins write that employers should expect a more worker-friendly era via executive orders and rules set by agencies in the new administration.

By David E. Schwartz and Risa M. Salins

9 minute read

October 01, 2020 | New York Law Journal

In their Labor Relations column this month, David E. Schwartz and Risa M. Salins review decisions implicating employment of individuals participating in the Deferred Action for Childhood Arrivals (DACA) program, whether states may use information contained in federal I-9 forms to prosecute undocumented workers, and the applicable burden of proof in race discrimination claims under 42 U.S.C. § 1981 (Section 1981).

By David E. Schwartz and Risa M. Salins

10 minute read

August 06, 2020 | New York Law Journal

In their Labor Relations column, David E. Schwartz and Risa M. Salins discuss three landmark civil rights decisions, issued by the U.S. Supreme Court during its 2019-2020, that have significant implications for employers.

By David E. Schwartz and Risa M. Salins

10 minute read

June 04, 2020 | New York Law Journal

In this edition of their Labor Relations column, David E. Schwartz and Risa M. Salins address important legal considerations for employers related to COVID-19 testing and vaccinations, as well as contact tracing in the workplace, which implicate various federal, state and local laws and may trigger rights and obligations under the National Labor Relations Act.

By David E. Schwartz and Risa M. Salins

11 minute read

April 02, 2020 | New York Law Journal

As many troubled companies will continue to "downsize" and seek to restructure mounting debts, David E. Schwartz and Risa M. Salins address important considerations for employers contemplating Chapter 11 bankruptcy in this edition of their Labor Relations column.

By David E. Schwartz and Risa M. Salins

10 minute read