Bottom Line The federal Speak Out Act limits the enforceability of predispute nondisclosure and nondisparagement provisions related to incidents of sexual harassment and sexual assault.Employers should review and, if necessary, revise standard employment and restrictive covenant agreements to Continue Reading
Aiding and Abetting Discrimination — Not Just For Employers and Supervisors Anymore
The Bottom Line The Griffin opinion paves the way for plaintiffs to assert an "aiding and abetting" theory to sue their employer's corporate customers, clients and vendors for participating in conduct or decision-making alleged to be unlawful under the NYSHRL, even if such participation Continue Reading
HR-PRO Seminar | Recordkeeping and Understanding the Fair Labor Standards Act
Sharon Cohen, Davis+Gilbert Labor + Employment associate, will speak at an HR-PRO seminar titled “Recordkeeping and Understanding the Fair Labor Standards Act” on May 10. HR-PRO is a pro-bono program out of NYC-SHRM to which Davis+Gilbert has provided pro-bono services. HR-PRO works with member Continue Reading
Enforcing Restrictive Covenants Against Employees Discharged Without Cause
The Bottom Line A bright-line rule that an employer may not enforce restrictive covenants against an employee terminated without cause appears to be re-emerging in New York. But there are potential strategies for employers to secure enforceable post-employment restrictions against an involuntarily Continue Reading