Labor & Employment Blog



For over 50 years, federal contractors and private employers with more than 100 employees have completed the EEO-1 form to provide the U.S. Equal Employment Opportunity Commission (EEOC) and Office of Federal Contract Compliance Programs with workforce data by race, ethnicity, sex and job category.


It has long been the law in New York that employment contract covenants restricting what employees can do post-employment, generally difficult to enforce, are much easier to enforce against physicians. However, a New York trial court in Suffolk County recently refused to enforce a restrictive covenant against a physician, finding the covenant unreasonable in the circumstances.


A complaint was recently filed with the Equal Employment Opportunity Commission on behalf of Frontier Airline’s female employees who Frontier allegedly failed to accommodate when those employees were breastfeeding children and needed to express breast milk.  According to the complaint, the employees were not given proper locations to express breast milk; no location was designated at airports or on the aircraft.  Employers must provide breaks and non-bathroom locations to such employees. 


Yesterday, for the first time in more than 40 years, the Office of Federal Contract Compliance Programs (OFCCP) issued updated sex discrimination guidelines for federal contractors and subcontractors. The regulations go into effect 60 days following their issue date, on August 15, 2016.  The regulations apply to all businesses that have more than $10,000 in federal contracts or subcontracts over a 12 month period, and it is estimated that these rules will apply to more than 500,000 businesses nationwide.


A federal court has ruled that the United States Women's National Soccer Team is not permitted to strike as part of any attempt to negotiate increased/equal pay and/or playing conditions (turf vs. grass) with the United States Soccer Federation.


In some employment discrimination cases, an employee may allege that the employer treated him or her so poorly that the employee was essentially forced to quit, or in other words, that the employee was “constructively discharged.”  Last week, the United States Supreme Court ruled that the statute of limitations on an employee’s constructive discharge claim does not begin to run until that employee gives notice of his or her intention to resign. 


The Department of Labor released its final regulations to the Fair Labor Standards Act changing overtime exemptions today. Previously, employees earning a salary of $455 per week ($23,660 annually) or more could potentially be exempt from overtime pay. The new regulations include a much higher salary threshold of $913 per week ($47,476 annually), with automatic threshold increases every three years. Additional information regarding the new regulations can be found


Passed last month and effective January 1, 2018, New York’s Paid Family Leave Benefits Law is the most comprehensive paid family leave law in the country, and will require all employed New Yorkers to pay into the employee-funded program.  The law will initially guarantee all New York employees, both full time and part time, half pay for up to eight weeks to care for an infant, a family member with a serious health condition, or to attend to family matters when someone is called to active military service.


While it is preferred and wise to have strong policies in place for our employees, a failure to train them about such policies can create significant problems.


Last year, a new “speedy” election rule was put in place by the NLRB to shorten the length of time between a petition for union representation and the vote to approve or disapprove of the union.  This new rule caused a lot of concern for employers, and many expected a big uptick in the number of elections and union victories.