Currently, employees in the fast-food industry, like employees in every other industry in New York City, are considered “at-will” employees. That is, they can be fired for any lawful reason, or no reason at all. However, at-will employment in New York City’s fast-food industry is slated to come to an end this summer. An ordinance […]
At-Will Employment Challenged by New York City Ordinance Read More »
Employers are exploring their options for mandating or encouraging workers to get COVID-19 vaccinations. They may even want to offer vaccines onsite when they are available. So can an employer be held liable if a worker has an adverse reaction to the vaccine? The safety of the vaccines currently approved by the FDA, combined with
COVID-19 Vaccines and Employer Liability Read More »
In May 2020, the United States Supreme Court ruled that two elementary school teachers at religious schools could not pursue their claims of age and disability discrimination. The court found that employees such as teachers who hold important positions cannot sue their employers because of the First Amendment’s freedom of religion clauses. In Our Lady
THE SUPREME COURT EXPANDS RELIGIOUS-SCHOOL EXEMPTION FROM CIVIL RIGHTS LAWS Read More »
An employee has won the right to “discover” allegedly harassing e-mails her supervisor sent while they worked for a former employer. Facts Andrea Gogel sued Kia, alleging it failed to promote her because of her race and gender. She also claimed that Kia later retaliated against her for filing complaints. Although she didn’t directly sue her supervisor, Randy Jackson, she
EMPLOYEE WINS RIGHTS TO OBTAIN SUPERVISOR’S E-MAILS Read More »
An employer’s dealings with the EEOC typically stem from an administrative charge filed by a current or former employee. However, businesses are sometimes hit with an unexpected, nettlesome, and costly surprise: an EEOC third-party subpoena. The EEOC has the power to issue subpoenas to third parties, meaning it can order them to produce documents and
THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION’S BROAD THIRD-PARTY SUBPOENA POWER Read More »
There are some common mistakes that employers make when preserving evidence. This can negatively impact a company’s ability to defend against legal actions brought by current and former employees. Below are some tips on how to avoid these mistakes. Videotapes Sometimes security cameras capture employee misconduct. Video evidence of misconduct could deter litigation or be
PRESERVING EVIDENCE IN CASE OF A LAWSUIT Read More »
In EEOC v. Original Honey Baked Ham Company of Georgia, Inc., which is presently being heard in federal court in Colorado, the Equal Employment Opportunity Commission (EEOC) commenced a lawsuit on behalf of a class of current and former employees asserting sexual harassment and retaliation. During discovery, the employer requested the class members’ social media
A Brooklyn Federal Court Judge recently ordered a employee who is suing her former employer for sexual harassment to produce, as part of that litigation, certain social media communications and photographs. In Reid v. Ingerman Smith, the former employee is alleging that she was sexually harassed at her former workplace, which is a Long Island