Workforce Bulletin

As featured in #WorkforceWednesday:  This week, we’re recapping some of the most significant changes that impacted employers in 2022.

As featured in #WorkforceWednesday:  This week, we look at the business, legal, and tax implications of making decisions on a trend that’s here to stay: remote work.

Where is the impact of alleged employment discrimination? That is the question when evaluating whether a remote worker can assert claims under the New York State Human Rights Law (“NYSHRL”) and New York City Human Rights Law (“NYCHRL”), according to a recent decision by U.S. District Judge Edgardo Ramos. Relying on state law, Judge Ramos concluded that the basis for subject matter jurisdiction has not changed during the COVID-19 pandemic and remains grounded in New York’s “Impact Test,” meaning courts will look to where the impact of alleged discriminatory conduct was felt. Thus, regardless of whether an employer is located in New York, the anti-discrimination laws are intended to protect employees who live or work in New York.

As featured in #WorkforceWednesday:  This week, we examine best practices for crafting flexible work arrangement policies. Requests to continue working remotely or with flexibility remain high as we emerge from the COVID-19 pandemic.

As featured in #WorkforceWednesday:  This week, we focus on the uptick in requests for remote work as a reasonable accommodation during COVID-19 and what employers should consider when addressing them.

Remote Work and Reasonable Accommodations

A recent Equal Employment Opportunity Commission (EEOC) disability discrimination lawsuit shows the agency is closely watching and is interested in litigating cases where an employer fails to provide employees with reasonable accommodations in connection with requests for remote work during the pandemic. As these requests continue ...

As many employers approach their one-year anniversary of working from home, it is obvious that the COVID-19 pandemic has permanently changed both how and where we work. By 2025, an estimated 36.2 million Americans will be working remotely—a staggering 87% increase from pre-pandemic levels.  Moreover, surveys reveal that company leaders plan to permit employees to work from home at least part of the time upon reopening their offices. However, a remote workforce poses a challenge for employers that must display certain notices and posters in their workplaces to advise employees of ...

As featured in #WorkforceWednesday:  Employers fear that the COVID-19 pandemic could undo recent progress towards workforce equity, with women and caregivers leaving the workforce in droves. Flexible time off, remote work policies, and employee benefits, like on-site child care, are just a few options employers can deploy to retain female talent. Learn more about the legal issues.

Video: YouTube, Vimeo, MP4, Instagram.

Part 8 of a series featuring our video Rules of the Road: Return to Work in the Time of COVID-19.

If there has been one, singular guiding principle or mantra that has sustained us, challenged us, and in some cases, inspired us over these last few months, this is it: “Don’t Waste the Crisis.” It is also the mantra that will propel us forward.

Flashback to the eve of Governor Cuomo’s Executive Order in March, shutting down New York State and New York City as the nation and the world watched. In the countdown leading up to its effective date, there was a palpable feeling of existential ...

As we have previously highlighted, many countries have introduced creative new approaches to address the economic realities of the COVID-19 pandemic.  As employees continue to work from home and employers reconsider whether employees must return to the workplace at all, some jurisdictions are implementing measures to accommodate the needs and interests of both employers and employees in the ever-changing and evolving employment environment.  Luxembourg is yet another example of a country that has sought to develop solutions with its neighboring nations to ease the economic ...

Prompted by the many new telework or remote work arrangements that have arisen in response to COVID-19, on August 24, 2020, the Wage and Hour Division of the U.S. Department of Labor (“DOL”) issued Field Assistance Bulletin No. 2020-5 (“Bulletin”) to provide guidance regarding employers’ obligation “to exercise reasonable diligence in tracking teleworking employees’ hours of work.” The guidance, which includes citations to the Fair Labor Standards Act (“FLSA”), the DOL’s interpretive regulations, and federal case law, does not break new ground; ...

As featured in #WorkforceWednesday: As the uncertainty with the COVID-19 pandemic continues, many employers are considering extended or permanent work-from-home (WFH) models. Attorneys Brian G. Cesaratto and Shawndra G. Jones share some tips for employers on cybersecurity and other issues to consider when implementing extended WFH models.

Video: YouTube, Vimeo, MP4, Instagram.