Photo of Nidhi Srivastava

The EEOC again updated its Technical Assistance Questions and Answers (Q&A), which we have been following closely, and previously covered on June 11, 2020.

In its most recent update, the EEOC addressed specific questions related to administering COVID-19 tests (Q&A, A.7); permitting employees into the physical workplace, and permissible COVID-19 questions (Q&A, A.8, A.9, A.11, A.12, A.13, and A.14). The EEOC also updated its guidance regarding confidentiality of medical information (B.5, B.6, B.7, and B.8), as well as reasonable accommodations and teleworking (D.8, D.14, D.15, D.16, D.17, and D.18).
Continue Reading UPDATE: EEOC Updates COVID-19 Technical Assistance Publication with Q&A

As the number of COVID-19 infections in certain states continues to rise, so does the number of states added to the tristate area travel advisory.  Ten additional states were added to the existing list, including the following: Illinois, Kentucky, Minnesota, Puerto Rico and Washington D.C. Travelers from these states, as well as Alabama, Alaska, Arkansas,

How times change. In 2017, a foul-mouthed advocate of purported employee rights delighted in outing on Facebook his boss—a hard-driving banquet manager who clearly didn’t get the whole employee-relations thing—as a “nasty mother****er.” (To make his disdain inescapably clear, he also posted something about the boss’s mom.) Seldom given the opportunity to blog about something so lurid, we delighted in reprinting the post in full [note: not appropriate for children]:

Continue Reading Thanks for the Clarification: NLRB Says No, You Cannot Ordinarily Throw the F-Bomb At Your Boss

As the number of COVID-19 infections in certain states continues to rise, so does the number of states added to the tristate area travel advisory.  Ten additional states were added to the existing list, including the following: Alaska, Delaware, Indiana, Maryland, Missouri, Montana, North Dakota, Nebraska, Virginia and Washington.  Travelers from these states, as

As the number of COVID-19 infections in certain states continues to rise, so does the number of states added to the tristate area travel advisory.  Eight additional states were added to the existing list, including the following: California, Georgia, Iowa, Idaho, Louisiana, Mississippi, Nevada and Tennessee.  Travelers from these states, as well as Alabama, Arkansas,

In a press conference earlier today, the Governors of New York, New Jersey and Connecticut announced that travelers to the tristate area from states with spikes in COVID-19 infection rates would be required to quarantine for 14 days. The joint travel advisory applies to individuals traveling to the tristate area from the following states: Alabama, Arizona, Arkansas, Florida, North Carolina, South Carolina, Washington, Utah, and Texas.

However, this list of states is subject to change based on the metrics set forth by the joint travel advisory.  Any person arriving from a state with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or a state with a 10% or higher positivity rate over a 7-day rolling average, will be required to quarantine.


Continue Reading Quarantine Mandated For Travelers To Tristate Area, Effective June 25, 2020

Last week, the FDA approved the use of telethermographic systems (essentially, heat-sensitive cameras) to detect human temperature during the COVID-19 public health emergency. The cameras can measure individuals’ temperatures in comparison to their surroundings to help identify fevers.

Companies considering using these devices should review the article, Finding Fevers: FDA Relaxes Rules On Temperature-Detecting Cameras, written by Kelley Drye partner, Kristi Wolff and consider the associated employment and privacy issues.   


Continue Reading Finding Fevers: Considerations Before Using Temperature-Detecting Cameras

The U.S. Department of Labor has just issued over one hundred pages of detailed temporary regulations, effective from April 1, 2020 to December 31, 2020, implementing the Families First Coronavirus Response Act (“FFCRA”). The regulations provide much-needed clarity on a range of issues that many employers have struggled with over the past week.

Below is a summary of key points:


Continue Reading DOL Released 100+ Pages of Detailed Temporary Regulations

As we close the books on 2019, and enter the new decade, New York employers should keep a list of all new legislation handy. Below is our brief summary of legislation effective 2020.

New York State Human Rights Law (NYSHRL)

In August 2019, Governor Cuomo signed groundbreaking legislation amending the NYSHRL, which we covered.  Several pieces of the law will become effective in the upcoming months, including the following:

  • January 1, 2020: Settlement agreements cannot bar individuals from speaking to an attorney, the New York State Division of Human Rights, the EEOC, local human rights commissions, or any other form of law enforcement.
  • February 8, 2020: NYSHRL will be applicable to employers of all sizes who do business in the state.
  • August 12, 2020: Statute of limitations for filing sexual harassment claims with the State Division of Human rights will be expanded from one to three years.


Continue Reading New York: 2020—New Decade, New Laws

What’s happening at McDonald’s should serve as an important lesson for many employers.  In the past two weeks, it was reported that its CEO resigned or was terminated (depending on what news outlet you read) because he exercised “poor judgment” by having an affair with a subordinate.  McDonald’s is facing a brave new world without its CEO with the added expense and distraction of defending new and outstanding sexual harassment lawsuits. What lessons can be learned?

In my management training I have been very direct with executives – do not date people in your division or line of report.  Full stop.  I now have many clients who – like McDonald’s – have enacted polices that prohibit workplace romances.

Why are these policies good and why should you consider one?  Several reasons: workplace romance is often a distraction to the business; it takes up time; it causes resentment and jealousy, and it is simply bad for business.


Continue Reading It Starts at the Top