What impact has New York’s expanded employee whistleblower statute had on the scope of workers’ protected activities, and what steps can employers take to mitigate the risks of whistleblower claims?

What impact has New York’s expanded employee whistleblower statute had on the scope of workers’ protected activities, and what steps can employers take to mitigate the risks of whistleblower claims?

When an employer disciplines its employees, let’s say for unsatisfactory performance or misconduct, employees sometimes respond with accusations that the discipline illegitimately occurred in retaliation for conduct protected by law.  For example, an employee may claim that the employer imposed...

Help! I have foreign national employees who were not selected in the H-1B registration lottery, what are their options?

The H-1B Electronic Registration Selection Process debuted in March 2020 for fiscal year 2021 H-1B cap-subject petitions. The barrier to entry dropped significantly with the introduction of the electronic registration selection process. Since then, we have seen an exponential increase...

What factors should employers consider in assessing whether their diversity, equity and inclusion practices comply with Title VII?

What factors should employers consider in assessing whether their diversity, equity and inclusion practices comply with Title VII?

For decades employers have sought to promote diversity in their workforces.  In recent years, employers have expanded these efforts by establishing policies and practices commonly referred to as diversity, equity and inclusion (“DEI”) programs. Employers have multiple objectives for adopting...

What obligations do employers have in responding to employees’ objections to vaccine mandates following the Supreme Court’s decision in Groff v. DeJoy?

What obligations do employers have in responding to employees’ objections to vaccine mandates following the Supreme Court’s decision in Groff v. DeJoy?

Winter weather brings renewed attention to seasonal vaccines—and to employers’ interest in encouraging employees to remain healthy and productive, including potentially through efforts to require or incentivize workers to be vaccinated. While not as widespread today as they were during...