Understanding Employment Unions in New York
Employment unions exist to help individual employees contend workplace matters without having to go to an attorney. However, there are circumstances in which an employee might require an attorney in tandem or after contacting their union. In today’s Noble Notes audio blog, Lead New York Attorney Cathryn Harris-Marchesi explains the union grievance process, collective bargaining agreements, discrimination claims, and filing deadlines. Termination, failure to promote, unequal pay, or any other workplace matters that conflict with a union’s collective bargaining agreement …
Read More »
Biden Issues Executive Order to Prevent Discrimination on Basis of Gender and Sexual Identity
President Joseph Biden, on his first day in office, signed nine executive orders. One of these was Executive Order (EO) 13988, titled Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. The EO also addresses overlapping areas of discrimination such as where race or disability and sexual orientation are compounding factors for discrimination. What employers are affected by Executive Order 13988? EO 13988 directs all federal agencies to review their programs, policies, regulations, and documents for …
Read More »
The New York HERO Act
On April 21, 2021, the New York Health and Essential Rights Act, also known as the NY HERO Act, passed both houses and now awaits the signature of Governor Cuomo to become law. The NY HERO Act aims to provide industry specific health protections to all workers. The Act will require all businesses to follow and adopt COVID-19 protection protocols to protect workers from airborne illnesses or face fines. Employers who fail to adopt a relevant plan will be subject …
Read More »
The Global Impact of COVID-19 on Women
Alongside being a partner and lead New York attorney at The Noble Law, Cathryn Harris-Marchesi is an active member and United Nations delegate with the Commission on the Status of Women (CSW) in New York, which focuses on worldwide issues related to women, children, and gender. After the CSW’s sixty-fifth session (CSW65) at the United Nations in New York, and intense set of high-level discussions lasting two weeks, March 15 through March 26 2021, New York is about to issue …
Read More »
Employer Mandated Vaccine Programs
Following up on his discussion with WRAL, associate employment attorney Evan Dancy further explains the implications of employer-mandated vaccine programs. Topics of Discussion: Can an employer institute a vaccine mandate to their employees? What protections are given to employees under the ADA? What if an employee has a disability that prevents them from receiving the vaccine? What is an employee has a sincerely held religious belief that prevents them from receiving the vaccine? Are there any practical considerations employers should …
Read More »
Mandatory Vaccination Programs in the Workplace
On Thursday, March 12th, The Noble Law’s associate employment attorney, Evan Dancy, appeared on WRAL to explain the legal implications of mandatory vaccination programs in the workplace. Gerald Owens: Can your employer require you to get the COVID vaccine once it’s widely available? It’s an issue that prompts strong emotions from a lot of people. WRAL’s Amanda Lamb looked into this earlier today. Here’s what she found out about the legal ramifications and the potential incentives. Amanda Lamb: 97-year-old Ann …
Read More »
Non-Compete Agreements in North Carolina
Employment attorney Laura Noble kicks off our new Noble Notes audio blog series with a discussion on non-compete agreements in North Carolina. To be considered eligible in North Carolina, non-compete agreements must be in writing, reasonable in time and territory, of valuable consideration, and for the company’s legitimate business interests. Topics of Discussion: Do you need legal personal assistance on an employment matter related to a non-compete agreement? If you have been provided a new non-compete agreement and would like …
Read More »
Concerted Activity Under the National Labor Relations Act During Covid-19
Enacted in 1935, the National Labor Relations Act (NLRA) protects the rights of employees and employers. The NLRA encourages collective bargaining and aims to protect the welfare of workers and businesses from certain damaging employment practices. The NLRA is enforced by the National Relations Labor Board (NLRB). This federal agency protects employees and employers from unfair labor practices, including by investigating any complaints and charges related to unfair labor practices. The NLRB is made up of five members who are …
Read More »
First Amendment Right to Free Speech in the Employment Context
Recently, there has been an abundance of discourse surrounding the topic of free speech under the First Amendment of the United States Constitution. Very few seem to understand, or remember, that the United States Constitution was written with the sole intent to protect private individuals from overreaching actions performed by the Government, whether federal, State, or local. Therefore, the Constitution only applies to Government actions against private individuals. In the employment context, this means a private employer can restrict the …
Read More »
Remote Work as a Reasonable Accommodation Under the ADA During COVID-19
Remote Work as a Reasonable Accommodation Under the ADA During the COVID-19 Pandemic When it comes to reasonable accommodations under the ADA during the COVID-19 pandemic, remote working may or may not qualify. On September 8, 2020, the Equal Employment Opportunity Commission, or the EEOC, stated that businesses are not required to automatically allow an employee to work remotely as a reasonable accommodation under the ADA. Whether remote working arrangements are reasonable accommodations is a fact-specific inquiry that should be …
Read More »