Presenter: "5 Employment Law ‘Hot Topics’ for NY Tour Boat Operators" New York State Tour Boat Operators Association (April 2025)
Presenter: "HR Legal Issues Affecting Nonprofit Organizations" Austin W. Marxe School of Public and International Affairs at Baruch College (April 2024)
Presenter: "Speech in the Workplace for Nonprofit Employees in an Election Year" NYC Bar Association's Not-for-Profit Law Institute (March 2024)
Presenter: "Hot Employment Law Topics for New York Hospitality Employers," HFTP NYC Chapter Meeting (October 2023)
Co-Author: “New York State May Be On the Verge of Banning Non-Compete Agreements in Some Form” (July 2023)
Author: “Legal Risks Grow for Employers as NYC Bans Discrimination Based on Weight and Height” (July 2023)
Co-Author: “UPDATE: New York State Amends Its Pay Transparency Law” (March 2023)
Presenter: HUB International’s Nonprofit Executives’ Forum (March 2023)
Co-Author: "Website Compliance with the ADA: What’s New?" (March 2023)
Co-Author: "Attention New York Employers: It’s Time to Update Your Employee Handbooks Again" (February 2023)
Co-Author: "New York State’s Pay Transparency Law Takes Effect September 17, 2023" (January 2023)
Author: "UPDATE: New York City Delays Enforcement of Law Restricting Employer Use of Automated Employment Tools to April 15, 2023" (December 2022)
Author: "NYC Employers Take Note: November 4th Public Hearing Set for Rules on NYC Law Restricting Automated Employment Tools" (November 2022)
Co-Author: "NYC Salary Disclosure Law Takes Effect November 1st" (October 2022)
Presenter: “Recruit to Retain: Know Who to Hire and Minimize Costly Legal Mistakes,” Nonprofit New York (September 2022)
Author: "NY Employers Who Conduct Electronic Monitoring of Employees Must Provide Written Notice to New Hires Starting May 7" (May 2022)
Author: "The Impact on Employers of the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” (March 2022)
Author: "Sexual Harassment Prevention Hotline and Other Employee Protections Take Hold in New York State" (March 2022)
Co-Author: "May Day! Salaries for All To See in NYC Starting in May," New York Law Journal (March 2022)
Author: "Federal Covid-19 Updates: OSHA Withdraws Vaccination-or-Testing Requirement After Supreme Court Defeat, CMS Vaccine Mandate Stands, and Federal Contractor Mandate Halted" (March 2022)
Author: "Update on New York State HERO Act: Mask Mandate Lifted and New Model Template Issued for Airborne Infectious Disease Prevention Control" (February 2022)
Author: "UPDATE: Will the Supreme Court Uphold OSHA’s Vaccination or Testing Requirement for Large Employers and Vaccine Mandate for Certain Health Care Providers?" (January 2022)
Co-Author: "Several New Covid-19 Vaccine and Mask Mandates for NYC Employers, Schools, Public Spaces and More" (December 2021)
Co-Author: "New York State HERO Act: November Updates" (November 2021)
Author: "Will OSHA’s Mandatory Vaccination/Weekly Testing Rule for Large Employers Survive Court Challenges?" (November 2021)
Co-Author: "EEOC Clarifies Religious Exemptions to Covid-19 Vaccine Mandates" (October 2021)
Co-Author: "Update on NY HERO Act: Covered Employers Must Activate Plans Now" (September 2021)
Co-Author: "NY HERO Act: Employers Need to Act by August 5th" (August 2021)
Co-Author: "Website Compliance with the ADA: Gil v. Winn-Dixie Stores and a Web of Confusion for Businesses and Nonprofits" (May 2021)
Author: "Re-Opening After Covid-19: What Nonprofits Need to Know about Reasonable Accommodation of Employees with Disabilities," Blue Avocado magazine (March 2021)
ARTICLES
May 8, 2025
In a significant shift for businesses, nonprofit organizations and gig-economy workers, the Department of Labor (DOL) Wage and Hour Division (WHD) announced on
May 1st that it will no longer enforce the 2024 independent contractor rule (which outlined the framework for determining employee or independent contractor status under the federal Fair Labor Standards Act) as it works to rescind the regulation entirely. The DOL’s decision — as outlined in its
Field Assistance Bulletin (FAB) No. 2025-1 — comes amid multiple ongoing lawsuits challenging the rule.
April 17, 2025
Since January, multiple fundamental developments have dramatically altered the Title IX landscape, signaling a seismic shift in its interpretation and enforcement. These developments include a rapidly escalating and public feud between the Trump administration and the Maine Department of Education over Maine’s refusal to ban transgender girls from participating in school athletic competitions designated exclusively for girls. These interpretation and enforcement developments implicate issues of constitutional law, states’ rights and practical politics, and it is critical for those working in education and receiving federal funding to understand and navigate the changes.
March 11, 2025
As private equity leaders and their in-house counsel gear up for the anticipated surge in IPOs in 2025, the importance of thorough labor and employment law due diligence cannot be overstated. With the IPO market poised for a significant rebound, the stakes have never been higher. This article delves into why labor and employment law due diligence is critical before going public and highlights emerging trends that could impact legal risks.
February 20, 2025
On February 5, 2025, the U.S. Attorney General (“AG”) Pam Bondi issued a memorandum to all Justice Department employees titled “
Ending Illegal DEI and DEIA Discrimination and Preferences,” outlining the Department of Justice’s (DOJ) intention to “
investigate, eliminate and penalize illegal DEI and DEIA preferences, mandates, policies, programs and activities in the private sector and in educational institutions that receive federal funds.” This directive follows Executive Order 14173, signed by President Trump on January 21, 2025, which had a stated aim of ending illegal discrimination and restoring merit-based opportunities.
December 6, 2024
New York City Councilman Shaun Abreu, a cat owner, has introduced a groundbreaking bill — Introduction 1089 — that could make New York City the first jurisdiction in the nation to offer paid sick leave for pet care.
November 21, 2024
On November 13, 2024, in a landmark decision, the National Labor Relations Board (NLRB) ruled that “captive audience” meetings –? where an employer requires workers to attend a meeting in which the employer expresses its opinion about unionization –? are unlawful. This ruling, stemming from a case involving Amazon.com, marks a significant shift in labor law, overturning more than 75 years of established precedent. This ruling will apply prospectively.
October 28, 2024
Election Day is just around the corner on November 5, 2024, although many states permit early voting. In fact, according to CNN, more than 18 million Americans have already voted.
September 19, 2024
On August 28, 2024, New York State’s Freelance Isn’t Free Law (“FIFL”) took effect, extending protections to freelance workers statewide. This sweeping law is codified in a new Article 44-A to New York State’s General Business Law, ensuring clear expectations for both independent contractors and the organizations that engage them throughout New York State.
September 5, 2024
Recent surveys indicate the widespread use of generative AI (artificial intelligence) and other artificial intelligence tools by employees in the workplace. This is hardly surprising, given the astonishing level of efficiencies that AI tools offer for content generation, predictions, recommendations, and a seemingly endless number of other outcomes.
July 18, 2024
On July 2, 2024, the Occupational Safety and Health Administration (OSHA) released a proposed rule aimed at mitigating worker illnesses from extreme heat in indoor and outdoor work settings. This proposed Heat Injury and Illness Prevention standard – publicized through a Notice of Proposed Rulemaking – arrives at a critical juncture due to the alarming rise in temperatures in the U.S. and globally.
July 8, 2024
Earlier this year, the U.S. Department of Labor (“DOL”) issued a final rule modifying the standard for determining whether employees qualify for several key exemptions to the overtime pay requirements set by the Fair Labor Standards Act (“FLSA”).
June 14, 2024
On or before
July 1, 2024, all employers in New York City must provide current employees with a “
Workers’ Bill of Rights”
and post a multi-lingual “
Your Rights at Work” poster that contains a QR code linking to the Workers’ Bill of Rights on NYC’s website, conspicuously in an area accessible and visible to all employees.
May 15, 2024
New York is the first state in the United States to require employers to pay for prenatal personal care for their employees.
March 12, 2024
New York employers must now comply with a new privacy law in effect. Specifically, employers are prohibited from obtaining certain information and/or access to an applicant or employee’s personal electronic accounts.
December 28, 2023
On December 22, 2023, New York Governor Kathy Hochul gave a holiday gift to New York’s business community when she vetoed New York State Senate bill (S.3100A)—New York’s non-compete bill—that would have prohibited employers in New York from using noncompete agreements and certain other restrictive covenants with employees and other “covered individuals,” amending New York’s Labor Law. The business community lobbied for the Governor to veto or narrow the bill, fearing that the non-compete bill, in the form passed by the New York legislature, would damage New York’s economy, threatening innovation and causing businesses to flee New York for more employer-friendly states.
December 6, 2023
Non-compete agreements have been the subject of much discussion and scrutiny across the country. While some states and federal agencies push for prohibition of these types of restrictive covenants altogether, Maryland and New York continue their trends of narrowing the class of workers who may be lawfully subjected to a non-compete. Non-Compete Agreements have been the subject of much discussion and scrutiny across the country. While some states and federal agencies push for prohibition of these types of restrictive covenants altogether, Maryland and New York continue their trends of narrowing the class of workers who may be lawfully subjected to a non-compete.
November 8, 2023
As of November 22, 2023, employers of New York City employees and New York City places of public accommodation and housing providers are prohibited from discriminating based on an individual’s height or weight, with limited exceptions, following an amendment to New York City’s Human Rights Law.
October 19, 2023
On September 29, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its 144-page proposed Enforcement Guidance on preventing workplace harassment under the anti-discrimination laws that the EEOC enforces (“Guidance”). The stated purpose of the Guidance is to clarify for the public what the EEOC maintains are legal requirements for preventing unlawful harassment in the workplace. What is concerning, among other things, is the very broad approach to illegal workplace harassment that the EEOC sets forth. While any EEOC Guidance does not have the force of law, it provides insight into the EEOC’s focus and how it will interpret and administer the laws it is charged with enforcing.
PRESENTATIONS
March 28, 2025
AI is transforming business operations, but its use in hiring, employment, and vendor management presents key legal challenges.
August 9, 2024
In this webinar, Whiteford’s Labor and Employment Law Partners, Lisa Brauner and David Stevens, along with Eileen Johnson, Co-chair of Whiteford’s Associations & Nonprofit Organizations Section, discussed the significant changes to the salary threshold for salaried exempt employees under the Fair Labor Standards Act (FLSA) following the U.S. Department of Labor's Final Rule issued in April 2024.
March 7, 2024
As this election year heads into full gear, many nonprofit organizations will have questions about the types of advocacy, policy, lobbying, fundraising, outreach and electoral activities they and their employees may undertake to promote their mission and policy objectives.
December 6, 2023
This webinar discusses what certain states and federal agencies are doing to attempt to limit or prohibit the use of non-competes and practical considerations for employers in light of these recent developments.
