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New York Law Journal: Courts Put Down Their Blue Pencils - Published Article - 10/24/2014

by Neal Klausner and David Fisher:


Cornell Hospitality Report: A Positive Employment Tool and Potential Antidote to Class Actions - Published Article - 07/03/2014

by Gregg A. Gilman and David Sherwyn


Labor & Employment Alert >> Federal Contractors Should Prepare for New OFCCP Regulations Covering Individuals with Disabilities and Veterans  - Alert - 04/21/2014

The Office of Federal Contract Compliance Programs (OFCCP) introduces new rules covering Individuals with Disabilities (IWDs) and Veterans, which will have a significant impact on the compliance requirements of federal contractors. Employers should consult with legal counsel for more detailed information regarding the Final Rules to ensure the proper procedures are being implemented. Significantly, federal prime contractors and subcontractors will need to implement new procedures to identify, recruit and track IWDs and Veterans beginning with the next AAP plan year.



Labor & Employment Alert >> New York City’s Earned Sick Time Act - Alert - 03/27/2014

Employers in New York City must act quickly to ensure compliance with the law.  At a minimum, they should:

Provide current employees with a Notice of Employee Rights no later than May 1, 2014 (employees hired on or after April 1, 2014 must receive a copy at the commencement of employment).  An initial draft of the Notice can be found here: http://www.nyc.gov/html/dca/downloads/pdf/MandatoryNotice.pdf 

Update employee handbooks and leave policies to ensure compliance with the ESTA, paying particular attention to the carry-over provisions of any pre-existing policies,  how part-time and temporary employees accrue time under these policies and for what purposes existing paid time off may be used.  Employers may need to clarify in their policies that vacation/personal/PTO days may be used for any purpose, including the reasons for which Sick Time may be used under the ESTA.

Keep all records showing compliance with the ESTA for at least three years.

In addition, the current notice provided by the Department of Consumer Affairs does not contemplate the use of pre-existing policies to comply with the ESTA’s requirements.  

Employers should consult with legal counsel to ensure that their current policies and practices comply with the ESTA.


Labor & Employment Alert >> Severance Pay May Limit Unemployment Benefits After Change in New York Law - Alert - 02/10/2014

Employers may be able to assist employees by delaying severance pay by 30 days, if administratively feasible.  Otherwise, employees will have to wait until the completion of any severance pay in excess of the maximum weekly unemployment insurance benefits before they will be eligible to receive these benefits.  


Labor & Employment Alert >> NYC Employers Must Provide Reasonable Accommodations for Pregnancy, Childbirth, and Related Medical Conditions - Alert - 01/23/2014

Employers must engage in an interactive process with employees to determine reasonable accommodations that will allow impacted, covered employees to perform “the essential requisites of the job” without posing an undue hardship to the employer.  The new notice should set forth that employees have the right to be free from discrimination in the workplace related to pregnancy, childbirth, and any related medical condition, and are entitled to reasonable accommodation for same.  This should be added to new hire paperwork, disseminated to existing employees – by handbook amendment or other dissemination tool – and posted in common spaces.

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Labor & Employment Alert >> New Gender Equity Notice Requirement for New Jersey Employers - Alert -  12/23/2013

By Jessica Golden Cortes; Duane Rudolph

As of January 6, 2014, New Jersey employers with at least fifty employees – including out of state employees – will be required to conspicuously post and disseminate a new gender equity notice to employees.

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Labor & Employment Alert >> Court of Appeals Requires That Employers Prove Indefinite Disability Leave is Undue Hardship Under NYC Law - Alert -  11/06/2013

by Gregg Brochin; David Fisher

The Americans with Disabilities Act (ADA), the New York State Human Rights Law (NY State Law) and the New York City Human Rights Law (NYC Law) all require that employers provide disabled employees with "reasonable accommodations," provided that doing so does not cause an undue hardship for the employer.


Perfect Ten: Best Lawyers Honors Ten Davis & Gilbert Partners in the Areas of Advertising, Employment, Litigation, and Real Estate - Press Release - 08/15/2013

Davis & Gilbert is pleased to announce that ten of the firm’s partners have been named to the 2014 edition of The Best Lawyers in America, the oldest and most venerable peer-review publication in the legal profession.

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Labor & Employment Alert >> Recent Judicial Decisions Reinforce the Importance of Drafting Arbitration Agreements with Employees to Minimize Class Action Risks - Alert -  07/11/2013

By Gregg A. Gilman and Shira Franco

Recent decisions by the United States Supreme Court and Second Circuit Court of Appeals demonstrate that courts have become increasingly willing to enforce properly drafted arbitration contracts that require employees to waive (i.e., give up) their rights to bring class action lawsuits. These decisions also confirm that companies should pay close attention to how their arbitration contracts with employees are worded to minimize legal risks associated with potential class action litigation.

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Benefits & Compensation Alert >> Supreme Court DOMA Ruling Requires Employer Action - Alert -  07/10/2013

By Alan Hahn and Cameron Bruce

On June 26, 2013, the United States Supreme Court in United States v. Windsor held that Section 3 of the federal Defense of Marriage Act (DOMA) is unconstitutional because it violates the Fifth Amendment right to equal protection of the law. As a result, same-sex couples who are legally married under state law are entitled to the same federal rights and benefits as opposite-sex couples.

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Labor & Employment Alert >> New York Department of Labor Releases Proposed Regulations on Deductions From Wages  - Alert -  06/13/2013

By Gregg L. Brochin

The New York Department of Labor (DOL) released proposed regulations addressing the November 2012 amendment to the wage deductions law. The amendment made it permissible to make deductions from wages to recoup overpayments or advances, but the new law only allows these deductions if made in accordance with DOL regulations.

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Labor & Employment Alert >> More States Bar Companies from Demanding Access to Employees’ Social Media Accounts - Alert -  05/09/2013

By Jessica Golden Cortes; Gary A. Kibel

Nearly every state across the country is now considering, or has already enacted, legislation to prohibit employers from requiring employees and job applicants to provide access to their social media accounts, IDs or passwords. In addition, in some states, the legislation also extends to preclude universities from seeking this social media information from students or applicants.



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Labor & Employment Alert >> New York City Passes Law Prohibiting Discrimination Against the Unemployed - Alert -  04/02/2013

By Howard J. Rubin; Cameron Bruce

Effective June 11, 2013, New York City employers will be prohibited from discriminating against job applicants who are unemployed at the time they apply for the job.


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Litigation Alert >> Recent Class Action Settlement Underscores Employer Obligations under Wage and Hour Laws - Alert -  03/04/2013

By Michael C. Lasky; Shira Franco; Jason A. Roth

A recent multimillion dollar wage and hour class action settlement by major investment bank Merrill Lynch serves as an important reminder to employers of their obligations under federal law to properly classify, and pay overtime wages to, all eligible employees who work more than 40 hours per week.

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Labor & Employment Alert >> Deadline Approaching: WTPA Annual Notice - Alert -  01/23/2013

By Jessica Golden Cortes

As we begin the New Year, New York employers should be mindful of the upcoming annual notice deadline under New York’s Wage Theft Prevention Act (WTPA).



Davis & Gilbert Promotes Shira Franco and Oriyan Gitig to Counsel - Press Release - 01/07/2013

Davis & Gilbert is pleased to announce that Shira Franco and Oriyan Gitig, have been elected Counsel effective January 1, 2013.


Davis & Gilbert’s Advertising, Real Estate and Employment Law Practices Ranked in 2013 U.S. News – Best Lawyers “Best Law Firms” Rankings - Press Release - 11/08/2012

New York, NY, November 5, 2012 - Davis & Gilbert is pleased to announce that its Advertising, Marketing & Promotions Practice Group achieved a first tier ranking, once again, in the categories “National - Advertising Law” and “New York City - Advertising Law” in the 2013 “Best Law Firms” rankings by U.S. News Media Group and Best Lawyers. In addition, the Real Estate Practice Group was recognized for both the Nationwide (Tier 2) and New York City (Tier 1) categories. The firm was also recognized in the New York City category for “Employment Law – Individuals” (Tier 2).


2012 New York Super Lawyers and Rising Stars-Metro Edition Honors Nine Davis & Gilbert Partners - Press Release - 10/02/2012

New York, NY, October 1, 2012 – Nine Davis & Gilbert partners have been selected to appear on the 2012 New York Super Lawyers and Rising Stars-Metro Edition list in the areas of First Amendment/Media/Advertising, Employment & Labor, Intellectual Property Litigation, Business Litigation and Real Estate. In addition, Neal H. Klausner and Gerald R. Uram were ranked as Top 100 New York Super Lawyers. These lawyers received the highest point totals in the New York Metro nomination, research and review process.

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Labor & Employment Alert >> New York State Wage Deductions Amendment Signed Into Law - Alert -  09/25/2012

By Gregg L. Brochin

On September 7, 2012, Governor Cuomo signed into law the bill amending the New York State Labor Law with respect to permitted deductions from wages.


Best Lawyers Distinguishes Nine Davis & Gilbert Partners in the Areas of Advertising, Employment, Litigation, and Real Estate - Press Release - 09/19/2012

Davis & Gilbert is proud to announce that nine of the firm’s partners have been recognized in the 2013 edition of The Best Lawyers in America, the oldest and most venerable peer-review publication in the legal profession.

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Labor & Employment Alert >> NLRB Poster Rule Delayed - Alert -  04/23/2012

The District of Columbia Circuit Court of Appeals has enjoined the National Labor Relations Board (NLRB) from implementing its posting requirement rule, which was scheduled to go into effect on April 30, 2012. The rule would have required employers, regardless of whether their workforce is unionized, to post a notice of employees’ rights under the National Labor Relations Act (NLRA).

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PRWeek: Overtime Laws: A Growing Concern For PR Agencies - Published Article -  03/30/2012

By Michael C. Lasky

Companies, including many PR firms, think they are not required to pay overtime to employees who have college degrees and who receive annual salaries. Think again. Under federal law, a company is not required to pay overtime only if the employee’s job duties and salary satisfy a specific exemption in the law. The mere fact an employee has a college degree, or, for that matter, any educational training, does not, by itself, satisfy an exemption.

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Labor & Employment Alert >> Court Upholds NLRB Posting Rule - Alert -  03/14/2012

On March 2, a federal court in the District of Columbia held that the National Labor Relations Board (NLRB) does have the authority to issue a rule requiring that employers post a notice of employees’ rights under the National Labor Relations Act and that this rule does not violate the employers' constitutional rights.


HotelNewsNow.com // 5 Things to Know - Press Mention - 03/01/2012

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Labor & Employment Newsletter >> Winter 2012  - Newsletter -  02/09/2012

The beginning of the year is always a good time for employers to review new laws and developments that may have an impact on their operations. In this issue, we report on a new National Labor Relations Board (NLRB) posting rule, as well as recent NLRB decisions concerning employee use of social media. We also summarize several new state employment laws.

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Labor & Employment Alert >> California DLSE Releases Form WTPA Notice And FAQs - Alert -  01/13/2012

The California Division of Labor Standards Enforcement (DLSE) has published a sample wage notice just days prior to the January 1, 2012 effective date of the California Wage Theft Prevention Act (WTPA).

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Labor & Employment Alert >> California Enacts Its Own Wage Theft Prevention Act - Alert -  11/30/2011

California has recently enacted a law called the Wage Theft Prevention Act (WTPA), which goes into effect on January 1, 2012. The California WTPA, which is in many ways similar to a law recently enacted by New York, increases employer obligations to provide information to employees regarding their pay. The California WTPA also adds and increases a number of California Labor Code penalties.

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PRWeek: Interns: Potential Costs Of This Unpaid Workforce - Published Article -  10/28/2011

By: Michael C. Lasky

What do AT&T, IBM, the Cleveland Indi-ans, and more than 800 other employers have in common? At present, they are all openly seeking unpaid interns on Craigslist and Monster. Unpaid interns allow companies to keep costs down while continuing to provide high-quality services and products to customers and clients – all in an economic climate where employers are looking to reduce expenses. Given that the nation’s unem-ployment rate is hovering around 9%, there is a large pool of candidates willing to take unpaid internships to demonstrate their considerable skills and experi-ence in the hopes of a paid position at the company or elsewhere.

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