Making Employees Sign a COVID-19 Waiver is a BAD Idea

What we know about COVID-19 has evolved so much over the past five months, forcing companies to be nimbler than ever to protect themselves from coronavirus-related liability. But, amidst this change, one unfortunate constant has emerged: employers continue to ask employees to sign waivers of liability to mitigate the risk if an employee later contracts […]

Employers, Are All Of Your Employees Requesting FFCRA Leave This Fall?

By: Amy Epstein Gluck

My county’s school board just made an announcement: my 15-year-old will not be attending school with his friends, in person, this fall. There is no half and half option. It’s all remote, period. He will not be playing hockey either, a fact that has him unhappy.

What does this have to do with employment […]

Keeping It Real: Cases of Race-Based Harassment Continue

By: Amy Epstein Gluck

Employers, what kind of culture are you fostering? Is it one of respect and intolerance of unlawful harassment? Or is it one that perpetuates systemic racism?

That is one question raised in this recent federal complaint, filed by two former employees and one current employee, all Black, against one employer in the U.S. […]

The Manager Is “Gonna Make The [N-words] Work Like Mexicans” But It’s OK – “We All Grew Up In The ‘Hood”

Here in good ol’ NYC, a new case was filed of racial harassment of an African American employee alleging (take a guess … you can do it) … use of the N-word!  Wouldn’t you know it – a racial harassment case using the N-word.  How last year, right? (Well, to be accurate, the acts alleged […]

Amy Quoted by SHRM: Antibody Testing And The Workplace

“he priority should be to make sure that employers have a safe workplace.” This is always a priority, and in light of the covid pandemic, our partner Amy Epstein Gluck (a/k/a the Notorious AEG), restated this in a new SHRM article about antibody tests and the workplace implications.

Amy cited what […]

Easy Pickins For The EEOC – Again

Sigh …

I’m getting tired of repeatedly blogging that health care and medical providers are at serious risk of EEOC enforcement actions for alleged violations of the disability pregnancy discrimination laws because they are easy pickins.

Or like shooting fish in a barrel.

As I have blogged … maybe a gazillion times … such employers are “low hanging […]

Supreme Court Blockbuster: Title VII Covers LGBT Employees!

Wow! As noted in today’s New York Times, in a 6-3 Title VII decision written by JUSTICE GORSUCH (!) and joined in by Chief Justice Roberts:

“The Supreme Court ruled Monday that a landmark civil rights law protects gay and transgender workers from workplace discrimination, handing the movement for L.G.B.T. equality a stunning victory.”

This […]

A Noose In The Workplace? Still?

Even in the midst of a great societal upheaval regarding racial discrimination and harassment, cases of workplace harassment continue unabated.  I guess it is unsurprising, albeit unfortunate, given that the workplace is riven with the same issues as society at large, and, indeed, is simply a microcosm of society at large.

I’ve written so much about […]

Employers, Your Return-to-Work Policies Should Include Accommodation Requests

By: Amy Epstein Gluck

As an employment lawyer, I’ve been pretty busy these past couple of week reviewing, revising, and creating return-to-work policies for clients. I’ve got lists. My lists have lists.

There’s the social distancing protocol list, hand sanitizer/hand-washing list, and the various federal, state, and local mandates and recommendations, just to name a few. I’m […]

Employers, The USDOL Is Enforcing Paid Sick and Emergency Family Leave Under FFCRA

By: Amy Epstein Gluck

Employers, remember that honeymoon period where the U.S. Department of Labor (DOL) wasn’t enforcing the Families First Coronavirus Response Act (FFCRA) for a few weeks? They wanted to give time to companies to get up to speed with the FFCRA’s requirements.

The time is a distant memory as DOL is now penalizing violators.

In […]