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The Supreme Court recently issued a decision that closely examines the facts and circumstances that would permit an employer to reject an employee’s request for a religious accommodation in the workplace. With the unanimous support of the Justices, the Court emphasized that a religious accommodation in the workplace can only be rejected when there is an “undue hardship” on the employer. While the foregoing is a well-established concept, by siding with the plaintiff-employee in [...]

On June 29, the Supreme Court issued their much-awaited Opinion in the case challenging the admissions practices of Harvard University and the University of North Carolina. In a 6-3 decision, the Court found that the “race-based” admission policies of both institutions violate the Constitutional precept that all people are entitled to “equal protection” under the law, as well as the Civil Rights protection against race-based discrimination. The Court noted that both [...]

On June 13, 2023, the National Labor Relations Board (the “Board”) issued a decision modifying the independent contractor standard under the National Labor Relations Act (the “Act”). The modified standard may make it more difficult for employers to establish that its workers are independent contractors, rather than employees, and therefore, excluded from the Act’s protections. In its The Atlanta Opera, Inc. decision, the Board ruled that the Atlanta [...]

As 2022 is drawing to an end, amidst the holiday parties and merriment, employers may want to consider a New Year's resolution to conduct regular internal reviews of their immigration and visa recordkeeping policies. Here are a few important categories to address:I-9 COMPLIANCEMost U.S. employers are required to complete Form I-9 to document verification of the identity and employment authorization of each new employee. While the form and document requirements appear, on first glance, to be [...]

Over the past week, federal and New York State laws have been enacted to require certain employers to provide paid benefits to employees who cannot work as a result of COVID-19. New York State Law Obligations As of March 18, 2020, New York State’s COVID-19 Quarantine Leave Law (Quarantine Leave Law) requires employers, with limited exceptions, to provide job protection and up to 14 days of paid quarantine benefits to employees who are unable to work because they are subject to a [...]