The Proskauer Brief: Hot Topics in Labor & Employment Law

In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the recent developments out of New York State, that will significantly expand workplace anti-discrimination protections.  Among other things, recent amendments to New York law will lower the burden on plaintiffs seeking to prove claims of workplace harassment under the Human Rights law.  Employers should tune in to see what impact the new law may have on the scope of harassment claims and what changes to policies or practices should be implemented.

In this episode of The Proskauer Brief, partner Evandro Gigante and associate Laura Fant discuss the recent New York law prohibiting discrimination on the basis of certain hairstyles.  This law expands the definition of race under the New York State Human Rights Law to now expressly include “traits historically associated with race,” which include but are not limited to hair texture and protective hairstyles.  Employers should tune in to see what impact the new law may have on the scope of race discrimination claims and what changes to polices or practices should be implemented when thinking about this new law.

In this episode of the Proskauer Brief, partners Steven Hurd and Patrick Lamparello discuss recent trends in reductions in force (RIFs) in financial services and some of the main reasons employers are engaging in them. These include automation of jobs or other technological developments, cost reductions, investor preferences, employee redistributions, and even Brexit has been a reason for downsizing.  So be sure to tune in as we discuss best practices an employer can engage in to carry out a RIF as well as practical alternatives an employer can consider to a reduction in force.

In this episode of The Proskauer Brief, partners Harris Mufson and Evandro Gigante discuss recently passed legislation by the New York City Council, which would prohibit some employers in NYC from requiring job applicants to submit to drug tests for marijuana use.  Specifically, the bill would amend the City’s Fair Chance Act to make it an unlawful discriminatory practice for an employer, including an employment agency or their agents, to require that a prospective employee or an applicant submit to drug testing regarding the presence of marijuana as a condition of employment.  That bill, if signed by Mayor de Blasio, would take effect within one year after it becomes law.

In this episode of The Proskauer Brief, partner Harris Mufson and associate Arielle Kobetz discuss the New York City Commission on Human Rights (NYCCHR) enforcement guidance on appearance and grooming policies that ban or restrict naturally curly hair, dreadlocks, braids, cornrows and other hairstyles. While the guidance, which was issued on February 19, 2019, specifically details protections for Black people – who, according to the NYCCHR, are frequent targets of race discrimination based on hair – it also cites as unlawful “any grooming or appearance policies that generally target communities of color, religious minorities, or other communities,” which are protected under applicable law. So be sure to tune in as employers in New York City should review their current grooming and/or appearance policies to ensure compliance with these new guidelines.

In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the labor and employment landscape in 2019, including some significant laws set to go into effect this year, as well as other legislative developments. They will highlight cases pending before the Supreme Court and what we can expect from the National Labor Relations Board (NLRB). Be sure to tune in for this 2019 preview.

Update: On February 25, 2019, after the recording of this episode, the U.S. Supreme Court vacated the Ninth Circuit’s decision in Yovino v. Rizo due to the death of Judge Stephen Reinhardt, stating that the appeals court should not have counted the vote of the ruling’s author because he died before the decision was issued.

In this episode of the "Can My Employees Do That?" series, partner Elise Bloom and associate Michelle Gyves discuss whether employers can lawfully limit an employee’s participation in political activities, protests, and similar activities. We also discuss whether an employer can restrict an employee’s association with groups or publications on social media or elsewhere which espouse ideologies that are at odds with the employer's values. Lastly, we will cover to what extent an employer can limit political speech at work. So be sure to tune in for this very insightful episode. 

In this episode of The Proskauer Brief, partners Harris Mufson and Guy Brenner discuss the Office of Federal Contract Compliance Programs (OFCCP). Harris and Guy highlight OFCCP’s recent activities and discuss what government contractors should expect in 2019, so be sure to tune in.

In this episode of The Proskauer Brief, partners Harris Mufson and Howard Robbins continue their “Can My Employees Do That?” series. In this installment, Harris and Howard discuss the legal requirements regarding service animals in the workplace and provide practical advice for employers to address requests by employees to bring service animals to work. Please tune in to hear their insight regarding this challenging employment issue.

In this episode of The Proskauer Brief, partner Steven Hurd and partner Adam Lupion discuss developments from some of the key cases in labor and employment law in 2018. We will discuss notable cases from the United States Supreme Court and the lower courts, as well as legislative and regulatory developments that affect the workplace. Be sure to tune in for this 2018 recap of some highlights in Labor and Employment Law.