The window has now closed for employers to catch-up on physically inspecting work authorization documentation for individuals who were hired during the pandemic. At the same time, regulations from the Department of Homeland Security (DHS) that took effect August 1, 2023 open a new window for employers to continue with video inspection of work authorization
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Workplace Investigations: Gain Clarity as to Meaning
By Tracey Levy
“It’s bullying,” “I’m being harassed,” or “this is creating a hostile work environment.” As a workplace investigator these are phrases that I hear on a daily basis from complainants and their colleagues, and even sometimes from the respondents accused of harassing behavior. “Harassment” and “hostile work environment” are actually legal terms, by which I mean…
Supreme Court Decision Suggests that LGBTQ+ Employees Have Lesser Protections than Others
By Tracey Levy
In workplace training programs, I will at times encourage participants to consider the case study – or a situation they are personally confronting – through a different perspective. You may not be too bothered by a situation in which a woman is touching a man while speaking to him, but how would you assess the…
Remote Employees Nationwide May Trigger Special Rights in Group Terminations Under NY Law
By Tracey Levy
With just a handful of words, the NYS Department of Labor has turned upside down the purpose of the state’s WARN Act and imposed a plethora of new obligations on employers that make little practical sense. What I am referring to is a recent amendment to the state’s WARN Act regulations, effective as of June…
Treat Camp Counselors as Employees, Not Campers
By Tracey Levy
Too many camp directors seem to be unaware of their obligations as employers and particularly the restrictions that employment laws place on employer inquiries. Even minors, when they are on payroll and providing services for the camp, must be accorded the full panoply of employment protections. This means that camp directors must familiarize themselves with…
EEOC Guidance Provides Pathways and Considerations for Accommodating the Hearing Disabled
By Tracey Levy
I currently stand on a precipice, as the waning days of Disability Pride Month this July also represent a final countdown to when a cochlear implant surgery will make me a bionic woman. It appeared an opportune time to review the recent updates to the EEOC’s guidance on Hearing Disabilities in the Workplace and the…
Similar Standards Now Apply When Considering Accommodation Requests for Religion or Disability
By Tracey Levy
Employers need to consider employees’ requests for religious accommodations from a much more supportive perspective as a result of a recent decision from the U.S. Supreme Court. In Groff v. DeJoy (June 29, 2023) the Court held that that an employer denying an employee’s request for a religious accommodation must demonstrate that the requested accommodation…
All New York Employers Need to Add Policies and Modify Practices to Comply with New State and Federal Protections for Employees Expressing Breast Milk
By Tracey Levy
Five years after New York City began requiring employers to provide accommodations for employees expressing breast milk at work and adopt lactation accommodation policies with very specific provisions, New York State has added its own law on the subject. The state law, which took effect June 7, 2023, imposes a new layer of requirements that…
Employer DEI Programs May Face Challenge Under Statements in Supreme Court Decision on Racial Preferences
By Tracey Levy
EEOC Chairwoman Charlotte A. Burrows shared an atypically short statement yesterday, essentially asserting that there should be no change at this time for employers in regard to their diversity, equity and inclusion (“DEI”) initiatives as a result of the Supreme Court’s decision with regard to considering race as a factor in admissions decisions. Although Chairwoman…
First of Its Kind Temp Workers Bill of Rights Impacts Temp Firms and the Businesses Retaining Their Services
By Tracey Levy
New Jersey employers planning their headcount allocation and staff augmentation for the late summer and fall should be mindful of the significant new employment law protections that temporary workers in the state will have. The New Jersey Temporary Workers’ Bill of Rights, the first of its kind in the country, applies to individuals who are…