New York State has begun its slow and deliberate process of re-opening on May 15, 2020. Governor Cuomo has established both a regional and industry approach for how the state will re-emerge following the state-wide Executive Order restricting all non-essential businesses since March. The process will be gradual, however, with restrictions on non-essential business in much of the state, including New York City and the surrounding suburbs, potentially continuing through May 28, 2020. READ MORE
Jill Rosenberg, a New York employment law partner, is a nationally recognized employment litigator and counselor. Jill has significant experience defending and advising employers in discrimination, sexual harassment, whistleblowing, wrongful discharge, affirmative action, wage-and-hour and traditional labor matters. In recognition of Jill's practice, Chambers USA and Chambers Global awarded her a Band 1 ranking, with clients calling Jill "a terrific lawyer," noting her "stellar reputation for her representation of clients in employment litigation and internal investigations," and her "smart, responsive and practical approach to advice and litigation."
She handles complex individual cases, as well as class actions and systemic government investigations. She represents a broad range of companies, including employers in the securities industry, banks and financial institutions, accounting firms, law firms, and employers in the technology and media industries. Jill also has particular expertise in the representation of nonprofit entities, including colleges, universities, hospitals, foundations and cultural institutions.
She designs and conducts training programs for clients and frequently speaks on employment law issues for employer and bar association groups such as National Employment Law Institute, Practising Law Institute, National Association of College and University Attorneys and the New York State Bar Association.
Posts by: Jill L. Rosenberg
Last week, New Jersey Governor Phil Murphy signed into law an amendment to the New Jersey Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ WARN Act”) that delays earlier amendments that would have taken effect in July of this year, and excludes COVID-19 related layoffs from the requirements of the act. READ MORE
As the battle against COVID-19 intensifies, healthcare workers have become vocal about their perceptions of deficiencies surrounding patient care and safety within their workplaces and have expressed their views publicly on social media and other platforms. Videos, photographs, and testimonials underscore employees’ concerns about patient care and the availability of protective gear and other supplies. Healthcare employers have, at the same time, struggled to regulate the flow of information and misinformation about COVID-19 in their facilities. In some cases, healthcare employers have prohibited employees from speaking to the media without express authorization under new or existing policies. READ MORE
In what he described as the “most drastic action” he can take, New York Governor Cuomo has ordered all non-essential workers to stay home, in his latest Executive Order 202.08 issued yesterday afternoon. As we reported, Governor Cuomo had previously ordered businesses to reduce their in-person workforces at any work locations by 75%, unless they qualify as an “essential business.” Now, that number has been expanded to New York’s entire non-essential workforce. READ MORE
Update: At approximately 11:00 a.m. EST, Governor Cuomo announced that 100% of the non-essential NY workforce must now stay home. This directive is expected to take effect on Sunday evening March 22. Gov. Cuomo is expected to issue a new Executive Order regarding this directive shortly. Please check back here for updates. READ MORE
On February 6, 2020 the U.S. Court of Appeals for the Third Circuit upheld a Philadelphia pay equity ordinance banning employers from inquiring into prospective employees’ prior pay or relying on prior pay in making compensation decisions unless candidates knowingly and willingly disclose the information. In upholding the ordinance, the Third Circuit vacated a lower court decision that enjoined enforcement of the inquiry provision on the grounds that it violated employers’ First Amendment free speech rights. While the Third Circuit acknowledged that the ordinance implicated First Amendment rights, the court found that there was “a plethora of evidence” provided by the city to meet its burden of clearing intermediate scrutiny for commercial speech. Consequently, it was reasonable for the city to conclude that the inquiry provision would address gender and race-based wage gaps based on experiments, witness testimony, and historical research concluding as much. READ MORE
While world governments scramble to contain the spread of the coronavirus, businesses are fielding questions from employees who are concerned for their safety and protection in the workplace. As you develop your coronavirus response strategy, be mindful of employee privacy, anti-discrimination, and other employment law considerations. Ultimately, any actions employers take should be proportionate to the risks presented. Here are a few of the most common questions employers should ask and some practical tips. READ MORE
California Governor Gavin Newsom recently signed into law SB 142, significantly expanding employers’ obligations to provide break time and lactation room accommodations for working mothers. Following in the footsteps of San Francisco’s Lactation in the Workplace Ordinance, SB 142 imposes a host of new requirements regarding lactation accommodation spaces, policies, and break time: READ MORE
A company’s general counsel learns that an executive assistant has made an internal report of sexual harassment against the CEO. Given the allegations and people involved, the GC personally investigates the report and enlists the help of a senior VP to interview key witnesses. The GC also retains outside counsel to advise the company and its board of directors on the matter. READ MORE
Not to be outdone by the New York State legislature’s flurry of eleventh-hour lawmaking (which we previously reported on here and here), the New York City Council recently passed an employment bill pending since April of 2018. The new law, Int. No. 0799-2018, amends and broadens workplace anti-retaliation protections under § 8-107(7)(v) of the New York City Human Rights Law (“NYCHRL”) by including that it is illegal to retaliate against an employee or applicant who requests a reasonable accommodation under the law. READ MORE