New York Law Journal

Impact of New NYS Workers’ Compensation Work-Related Stress Relief on Discrimination Claims

Andrew Lieb discusses how New York State’s expansion of workers' compensation benefits, (effective 1/1/25), to cover claims for mental injury premises upon extraordinary work-related stress will impact an employee's workplace discrimination claim.
7 minute read

Daily Business Review

How the Trump II Administration Can Combat Antisemitism

The second Trump Administration has a unique opportunity to combat antisemitism by taking a multifaceted, whole-of-government approach.
9 minute read

New York Law Journal

Storefront Pro Bono: Proposal for Modest Law Firm Commitment to Provide Direct Legal Services

The authors write "We propose a new model for law firm pro bono, provisionally called “Storefront Pro Bono,” to help mitigate the access to civil justice gap in New York through modest pro-bono commitments from the city’s law firms and other law organizations (law firms). The essence of the proposal is to encourage law firms to commit fifty hours of pro bono work for each of their lawyers (as already recommended by the ABA), whether litigators or transaction lawyers, to provide direct legal services dealing with the issues presented by individuals/families who do not qualify for publicly funded legal aid and cannot afford private counsel."
22 minute read

New York Law Journal

Recent Developments Regarding the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021

On March 3, 2022, President Joe Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) into law. The EFAA amends the Federal Arbitration Act (FAA) to prohibit employers from enforcing mandatory arbitration provisions that relate to a “sexual assault dispute” or a “sexual harassment dispute.”
9 minute read

The Legal Intelligencer

Supreme Court's Ruling in 'Students for Fair Admissions' and Its Impact on DEI Initiatives in the Workplace

In the wake of the landmark decision, employers across the country have been dealing with an uptick of litigation targeting workplace diversity, equity, and inclusion (DEI) policies and programs.
6 minute read

The Legal Intelligencer

Terminating Employees With Workers' Compensation Claims

Employers must tread carefully to avoid allegations of retaliation or wrongful termination, which can easily lead to additional legal challenges. Understanding the interplay between workers' compensation laws and employment law is critical.
8 minute read

The Legal Intelligencer

What Every Employment Attorney Needs to Know About Section 409A

While seasoned employment attorneys are experienced in drafting various legal documents, navigating the specific requirements of Section 409A can be challenging and the consequences of noncompliance can be severe. This article provides a helpful refresher to ensure you're drafting your documents with the intricacies of 409A requirements in mind.
6 minute read

National Law Journal

Supreme Court Appears Hostile to Higher Burden for Employers in FLSA Cases

As they typically do on Election Day, the justices went about their business Tuesday by hearing oral arguments.
3 minute read

The Legal Intelligencer

Should Employees Stay or Should They Go?: The NLRB and FTC Crackdown on Restrictive Covenants

While the NLRB governs union-management relations and concerted conduct in the workplace, NLRB General Counsel Jennifer Abruzzo has indicated it is her belief that many noncompetes violate federal labor laws regardless of whether the workforce is unionized. How did the NLRB get here and what are the takeaways for employers?
9 minute read

New York Law Journal

Option Repricings in Private Companies: 6 Considerations for Attorneys

This article provides a high-level review of the major considerations for advising clients undergoing a repricing, offering insights and strategies for legal professionals navigating this complex landscape.
8 minute read

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