Mitchell Boyarsky

November 02, 2021 | New York Law Journal

Accelerated by the COVID-19 pandemic, the innovation of Artificial Intelligence (AI) in hiring practices for remote and in-person workers is not without risk of disparate impact discrimination that has sparked the interest of the EEOC and may incur legal challenge in the courts.

By Mitchell Boyarsky and Shaniqua Singleton

8 minute read

February 04, 2021 | New York Law Journal

A successful workplace vaccination policy uses pre-existing legal frameworks and ad hoc regulatory guidance to balance employee rights with novel business realities facing COVID-19.

By Mitchell Boyarsky, Shannon R. Magari and Jennifer Mallory

8 minute read

October 30, 2020 | New York Law Journal

Covid-19 has forced many employers to quickly adapt to a remote work arrangement, often without much preparation or consideration of applicable law. Consequently, there is a surge in Covid-19 related litigation. In order to minimize legal risk and to ensure legal compliance, employers are faced with an increased need to monitor remote workers, especially non-exempt employees. This article addresses key issues and best practices for employers to navigate these challenging times.

By Mitchell Boyarsky and Jillian Hart

8 minute read

June 01, 2018 | New York Law Journal

Although New York has yet to enact legislation regarding the use of biometric identifiers and information (i.e. facial recognition, retinal scans, etc.), a recent legislative proposal and the statutes and regulations of other jurisdictions, provide valuable guidance to New York businesses regarding permissible practices.

By John T. Wolak, Mitchell Boyarsky, and Randy A. Gray

2 minute read

March 20, 2017 | New York Law Journal

Mitchell Boyarsky, Mark S. Sidoti and Ahmed J. Kassim write: In 2016, more than 250 lawsuits were filed against companies, primarily in the retail, hospitality, and financial services industries, alleging that the companies' websites were inaccessible to disabled users. The exposure in these cases entails not only an injunction, but also defense costs and award of the claimants' attorney fees. Accordingly, it is important for businesses and defense counsel to understand the need for ADA website accessibility and strategies to mitigate exposure.

By Mark S. Sidoti, Mitchell Boyarsky and Ahmed J. Kassim

17 minute read

November 07, 2016 | New Jersey Law Journal

There is a split in the circuit courts regarding agreements requiring employees to submit employment disputes to arbitrators rather than courts, and three recent petitions for review to the U.S. Supreme Court set the stage for a high-profile showdown.

By Mitchell Boyarsky and Elizabeth Cowit

18 minute read

June 23, 2016 | New Jersey Law Journal

Analysis of the recently enacted Defend Trade Secrets Act of 2016 (DTSA), which provides a private right of action for trade secret misappropriation.

By Mitchell Boyarsky and Elizabeth Cowit

18 minute read

October 20, 2015 | New Jersey Law Journal

A recent NLRB decision dramatically alters the standard to assess "joint employer liability" under the NLRA, creating a potential legal morass for employers.

By Mitchell Boyarsky and James J. La Rocca

8 minute read

August 11, 2015 | New Jersey Law Journal

Is an employer legally required to permit an employee to work from home as an accommodation for the employee's disability?

By Richard S. Zackin, Mitchell Boyarsky and Lindsay J. Jarusiewicz

8 minute read

August 11, 2015 | New Jersey Law Journal

Is an employer legally required to permit an employee to work from home as an accommodation for the employee's disability?

By Richard S. Zackin, Mitchell Boyarsky and Lindsay J. Jarusiewicz

8 minute read