News & Insights

ADA Does Not Protect Employees from Stress Caused by the Employer or Supervisor


The Americans with Disabilities Act (ADA) protects individuals who are disabled (or considered to be disabled) from discrimination in a variety of contexts. In the employment arena, it applies to employers who have 15 or more employees. While it encompasses a wide range of physical or mental impairments, there are limitations in who is considered … Read more

ADA Liability for Discrimination Based on a Family Member’s Disability

Most people know that employers cannot discriminate against employees on the basis of certain characteristics such as age, race, gender, and disability. Such discrimination is typically barred by federal, state and local statutes. However, a recent federal court decision by the Second Circuit Court of Appeals brings attention to a lesser-known area of possible discrimination … Read more

2-Step Approach to Avoiding Wage Claims: Internal Audits & Insurance Coverage

Wage Claims

By Jill Weinberg, Esq. Employee wage and hour claims, usually for unpaid overtime, can be financially draining to companies big and small. Unfortunately, they have been on the rise. A good example is MetLife who was recently sued in federal court, in the Southern District of New York for $50 million dollars in unpaid overtime … Read more


sexual harassment

The New York Legislature recently passed an anti-sexual harassment law which is likely to make it easier for workers to win their lawsuits. The Bill, which was championed by Governor Andrew Cuomo and is now awaiting his signature, does away with the requirement that the alleged misconduct be “severe or pervasive” in order to constitute … Read more

Are Student Trainees Entitled to be Paid as Employees?

In many academic settings, students have the opportunity to work in a controlled and supervised environment in order to learn necessary skills, particularly in fields which require licensing by the state. These student trainees generally are not paid. A recent federal appellate court case addressed the question of whether they are employees and therefore, entitled … Read more

How Medical Marijuana Use May Affect Workplace Drug Testing in New York

In July of 2014, Governor Cuomo signed the Compassionate Care Act (“CCA”) authorizing the manufacture, sale and use of medical marijuana within New York State. The CCA has created a potential issue for those employers who conduct drug testing or otherwise have a written policy against the use of recreational drugs. The open question is whether … Read more

New York Employers: Are You Ready? New Sexual Harassment Law Changes Effective Immediately

Earlier this year, New York State and New York City enacted significant changes to sexual harassment laws that affect employers and employees.  Both laws mandate sexual harassment prevention policies and annual training along with other changes.  These requirements go into effect July 11, 2018 through April 1, 2019 depending on the provision.  Below is a … Read more