Now that the pandemic seems to be winding down, many employers are considering if it is the right time to ask their employees to return to work. But with COVID laws and regulations still in effect, as well as existing disability, discrimination, and whistleblower laws, the answer to this question is complicated. At we understand that protecting your health at…
For years, companies have used non-disclosure agreements (“NDAs”) and non-disparagement agreements in employment contracts and settlement agreements. These provisions primarily allow companies to protect sensitive business information, but can also be used to prevent workers from speaking about harassment and discrimination in the workplace. While some victims of workplace discrimination enjoy the assurance of privacy that comes with an NDA,…
Great news for workers in the State of New York: Governor Kathy Hochul recently signed into law an amendment to the New York Labor Law that dramatically expands safeguards against and remedies for employers’ whistleblower retaliation. Historically, New York has “not recognize[d] the tort of wrongful discharge,”[1] including “for firings that violate public policy such as . . . discharge for…
The advertising industry has undergone rapid changes in the past few decades. The growth of the internet has meant that businesses have pivoted to digital advertising options. This has come with its own set of challenges. While the two main stakeholders remain the same – companies that sell ad space, and companies that want to buy ad space – how…
One year ago this week the Supreme Court decided Our Lady of Guadalupe School v. Morrissey-Berru,[1] a case in which the Court determined that two Catholic elementary school teachers were “ministers” and therefore not covered by federal anti-discrimination statutes.[2] The Court based its decision on the “ministerial exception.” A First Amendment doctrine, the ministerial exception exempts religious employers from certain types of employment…
Maryland recently took an important step in the fight against tax dodgers, as it enacted a bill that creates a tax whistleblower program similar to the successful programs administered by the Internal Revenue Service and the District of Columbia. The policy created by Maryland House Bill 804, which was enacted on June 1, 2021, and scheduled to take effect later…
So-called defined contribution plans—such as 401(k) plans—have become “the primary private savings vehicle for most Americans’ retirement.”[1] The assets held by 401(k) plans have more than doubled over the past decade, and as of 2019, these plans held a whopping $6.4 trillion in retirement savings.[2] With trillions at issue and the retirement security of millions of American workers at stake, it is…
On January 1, 2021, Congress overrode then-President Trump’s veto to pass the Anti-Money Laundering Act of 2020 (“AMLA”), an important new law that is designed to combat money laundering.[1] Among the provisions of the AMLA, the ban on shell companies—which, when finalized, will require most U.S. companies to report their so-called “true beneficial owner”—has received widespread media attention.[2] A part of the…
Workers and students who experience civil rights violations have a plethora of legal tools at their disposal to seek accountability and relief—ranging from constitutional, to statutory, to tort claims. But the courthouse doors have long been closed to one group, whose exclusion from remedies by the government which they defend is particularly jarring: members of the military. Federal civil rights…
May is Asian American and Pacific Islander (“AAPI”) Heritage Month, which celebrates the contributions of the AAPI community to the history and culture of the United States. With the rise of anti-Asian violence since the start of the pandemic, many have been wondering how they can be better allies to the AAPI community. One simple starting point to foster a more inclusive…