Saima Sheikh

Blow the Whistle: NY Expands Employee Whistleblower Protections

By Saima Sheikh on February 15, 2022 Posted in Whistleblowing

The NYS DOL has issued a model notice for private employers to use to notify their employees of the expanded protections under the NYS whistleblower law that went into effect on January 26, 2022. The model notice, designated by the NYS DOL as “LS 740 (2/22),” is available here. It contains the text of the … Continue Reading

Philadelphia Enacts Ordinance Banning Pre-Employment Marijuana Testing

By Christian White and Saima Sheikh on January 13, 2022 Posted in Marijuana

As of Jan. 1, 2022, employers in the City of Brotherly Love are prohibited from requiring job applicants to undergo pre-employment drug testing for marijuana use. The ordinance, referred to as the Prohibition on Testing for Marijuana as a Condition for Employment (Phila. Code § 9-5500), makes it an unlawful employment practice for an employer, … Continue Reading

New York Issues Employer Guidance Regarding Recreational Use of Cannabis

By Saima Sheikh on November 3, 2021 Posted in MRTA, New York

Following the legalization of recreational cannabis in New York by the Marijuana Regulation and Taxation Act (MRTA) earlier this year, which we previously reported on, the New York State Department of Labor has issued guidance in the form of FAQs for employers regarding adults’ use of recreational cannabis as it relates to the workplace. Notably, … Continue Reading

NYC Earned Safe and Sick Time Amendments Effective September 30, 2020

By Saima Sheikh and Fanny Ferdman on October 2, 2020 Posted in New York

On September 28, 2020, New York City Mayor Bill de Blasio signed into law a bill (Intro. 2032-A (Cohen)) amending the New York City Earned Safe and Sick Time Act (ESSTA) to align it with the New York State Sick Leave Law (NYSSLL), which went into effect on September 30, 2020. For more information about … Continue Reading

New York Passes Statewide Paid Sick Leave Law

By Fanny Ferdman and Saima Sheikh on April 9, 2020 Posted in New York

Just weeks after New York state implemented an Emergency COVID-19 Paid Sick Leave Law, late last week, New York state passed a statewide paid sick leave (State PSL) law as part of its fiscal year 2020-2021 budget. The new law, which adds Section 196-b to the New York Labor Law, requires all New York state … Continue Reading

New York State Passes Statewide Paid Sick Leave Related to COVID-19

By Saima Sheikh and Amy J. Traub on March 19, 2020 Posted in New York

Last night, Governor Andrew Cuomo of New York signed a bill into law that provides statewide paid sick leave related to the COVID-19 pandemic to employees in order “to address the immediate need of employees affected by COVID-19 who are subject to mandatory or precautionary orders of quarantine or isolation” issued by New York state, … Continue Reading

New York State Bans Race Discrimination Based on Hair Texture and Hairstyles

By Saima Sheikh on August 1, 2019 Posted in Discrimination, New York

We previously reported that the NYC Commission on Human Rights issued legal enforcement guidance for employers regarding racial discrimination on the basis of hair under the New York City Human Rights Law (NYCHRL). Although that guidance does not reflect a change in the NYCHRL, it makes clear that employers’ grooming and appearance policies may not … Continue Reading

Connecticut Passes Generous Paid Family and Medical Leave Law

By Saima Sheikh on June 16, 2019 Posted in FMLA

Joining a steadily growing national trend, the Connecticut Legislature recently passed a generous paid family and medical leave bill, which will make Connecticut the seventh state — in addition to California, Massachusetts, New Jersey, New York, Rhode Island and Washington, not to mention the District of Columbia — to offer paid family leave. Assuming the … Continue Reading

Bank settles $5 million parental leave discrimination lawsuit

By Saima Sheikh on June 10, 2019 Posted in Discrimination

In a follow-up to our August 2018 blog post regarding a $1.1 million class settlement of the Equal Employment Opportunity Commission’s (EEOC) first parental leave lawsuit against a large cosmetics company, a large financial institution has just agreed to pay $5 million to settle a class action parental leave lawsuit brought by the American Civil … Continue Reading

Connecticut to Raise Minimum Wage to $15 Per Hour

By Saima Sheikh on June 4, 2019 Posted in Wage and Hour

On May 28, Connecticut Governor Ned Lamont signed Public Act No. 19-4, entitled “An Act Increasing the Minimum Fair Wage,” that will raise the Connecticut minimum wage to $15.00 per hour in 2023, which is more than double the current federal minimum wage of $7.25 per hour. Under the new law, the current Connecticut minimum … Continue Reading

NYC Guidance For Discrimination Based on Hair and Hairstyles

By Saima Sheikh on February 25, 2019 Posted in Discrimination, New York

Last week, the NYC Commission on Human Rights issued legal enforcement guidance on racial discrimination on the basis of hair under the New York City Human Rights Law (NYCHRL). The guidance indicates that natural hair or hairstyles are closely associated with racial, ethnic or cultural identities, and it specifically addresses natural hair or hairstyles most … Continue Reading

New York State (Finally) Passes Gender Expression Non-Discrimination Act

By Saima Sheikh on January 23, 2019 Posted in Discrimination, New York

Last week, following 16 years of discussion and debate, the New York state legislature finally passed the Gender Expression Non-Discrimination Act (GENDA). The act would amend the state New York Human Rights Law to prohibit discrimination on the basis of gender identity or expression in housing, employment and public accommodations. The act defines gender identity … Continue Reading

New York Attorney General’s Office Reaches Another Settlement Over Non-Competes

By Saima Sheikh on September 25, 2018 Posted in New York, Non-Compete

Last week, the Office of the New York Attorney General (NYAG’s Office) reached a settlement with WeWork, a New York City-based company that provides shared “co-work” spaces nationwide and internationally – and, notably, is one of the largest office tenants in New York City – regarding its use of non-compete restrictions with its employees. Recently, … Continue Reading

Lessons Learned From the EEOC’s First Parental Leave Lawsuit

By Saima Sheikh on August 20, 2018 Posted in EEOC, Leave of Absence

In the U.S., many employers’ parental-leave programs prioritize birth mothers and offer limited benefits to fathers, adoptive parents, foster parents and LGBT parents. In 2015, the Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance for Pregnancy Discrimination and Related Issues, which includes parental leave policies. However, not all employers have followed this guidance. Consequently, just … Continue Reading

New York City Earned Safe and Sick Time Act Imposes Requirements That Must Be Implemented by June 4

By Saima Sheikh on May 24, 2018 Posted in Leave of Absence, New York

As we previously discussed in our earlier blog post, an amendment to the New York City Earned Sick Time Act went into effect on May 5. That amended act, renamed the New York City Earned Safe and Sick Time Act, implements two major changes. First, the act expands the types of circumstances for which employers … Continue Reading

Second Circuit Lowers Causation Standard for Employees Alleging FMLA Violations

By Amy J. Traub and Saima Sheikh on July 26, 2017 Posted in FMLA

Last week, the Second Circuit joined the Third Circuit in lowering the causation standard in evaluating alleged Family and Medical Leave Act (FMLA) violations against employers. Under a lower “motivating factor” standard established in Cassandra Woods v. START Treatment & Recovery Centers, courts within the Second Circuit must consider whether the exercise of an employee’s … Continue Reading

Massachusetts Supreme Court Holds Employee Can Pursue State Law Disability Discrimination Claim for Failure to Accommodate Off-Duty Use of Medical Marijuana

By Saima Sheikh on July 23, 2017 Posted in Discrimination

On July 17, 2017, the Massachusetts Supreme Judicial Court concluded that an employee could sue her employers for state law disability discrimination for failing to accommodate her use of medical marijuana after she failed to pass a drug test. In so holding, the court interpreted workplace protections not explicitly stated in Massachusetts’ medical marijuana law. … Continue Reading

Update Regarding New York’s Paid Family Leave Law (Effective Jan. 1, 2018)

By Amy J. Traub and Saima Sheikh on July 10, 2017 Posted in Leave of Absence, New York

As we reported previously New York recently joined several other states that offer paid family leave benefits for employees. Effective Jan. 1, 2018, the New York Paid Family Leave Law (PFLL) will provide eligible employees with eight full weeks of paid family leave, funded exclusively through employee payroll deductions. The benefit amount and length of the … Continue Reading

New York District Court Holds That Title VII Protects Against Sexual Orientation Discrimination

By Saima Sheikh and Amanda Van Hoose Garofalo on May 16, 2017 Posted in Discrimination, New York

UPDATE: On May 22, 2017, in Melissa Zarda et al. v. Altitude Express d/b/a Skydive Long Island et al., the Second Circuit agreed to hold an en banc hearing to determine whether an estate for a gay man, who alleged he was terminated as a result of a customer complaint related to his sexual orientation, … Continue Reading

New York Appellate Court Declines to Enforce Noncompetes Against Employees Terminated Without Cause

By Saima Sheikh on February 14, 2017 Posted in New York

A recent decision by the New York Supreme Court, Appellate Division for the First Department, Buchanan Capital Markets, LLC v. DeLucca, 144 A.D.3d 508 (1st Dep’t. 2016), suggests that noncompetition restrictions against employees who have been terminated without cause are unenforceable. The court stated that “covenants not to compete in employment agreements … are not … Continue Reading