Amy J. Traub

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Dissecting the Supreme Court’s Decision Concerning Affirmative Action and Any Implications It May Have for Private Employers

Photo of Amy J. TraubBy Amy J. Traub on Posted in Alert
*Thank you to Olivia Williams, Matt Berger, Delores Chichi, Mitch Robinson and Jennifer DeVlugt for their contribution to this Alert. Key Takeaways In a 6-3 decision, the U.S. Supreme Court held in Students for Fair Admissions, Inc. v. President and Fellows of Harvard Coll., No. 20-1199, 600 U.S. – (U.S. June 29, 2023) (available here) that affirmative … Continue Reading

Dobbs on Demand Podcast Series

Photo of Amy J. TraubBy Amy J. Traub on Posted in Dobbs
In response to the recent Dobbs v. Jackson Women’s Health Organization decision in which the Supreme Court overturned Roe v. Wade, BakerHostetler partners have developed a podcast series aimed at providing guidance and addressing questions pertaining to the new legal and business considerations that should be made in this new landscape.… Continue Reading

Issue Spotting for Employers in a Post-Roe Era

Photo of Amanda Van Hoose GarofaloPhoto of Amy J. TraubBy Amanda Van Hoose Garofalo and Amy J. Traub on Posted in Health & Wellness, Healthcare, Supreme Court
On June 24, 2022, the U.S. Supreme Court held in a 5-1-3 opinion that Roe v. Wade – a nearly 50-year-old Supreme Court opinion providing the right to an abortion in this country – should be overturned. See Dobbs v. Jackson Women’s Health Organization (available at www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf). Irrespective of whether an employer agrees with the … Continue Reading

Will states ‘come together’ to resolve remote work tax withholding issues … or will we continue ‘waiting here … on the long and winding road?’

Photo of Amy J. TraubPhoto of Michael SemesBy Amy J. Traub and Michael Semes on Posted in Remote Work
The increased number of employees working remotely has caused a host of problems for employers – and employees – during the throes of the pandemic. Now that remote work is looking more and more like the new normal, it’s more important than ever that employers and employees understand what states require and what options are … Continue Reading

New York City Extends NYCHRL Employment Protections to Freelancers and Independent Contractors

Photo of Amy J. TraubPhoto of Marc-Joseph GansahBy Amy J. Traub and Marc-Joseph Gansah on Posted in Independent Contractor, New York
On Oct. 13, 2019, New York City enacted Int. 136-A (the Law), expanding the employment protections of the New York City Human Rights Law (NYCHRL) to freelancers and independent contractors. The Law will take effect on Jan. 11, 2020. The NYCHRL applies to employers with four or more employees. The Law changes the counting rule … Continue Reading

The DOL’s Highly Anticipated Rule to Increase the Minimum Salary Threshold for Overtime Exemptions is Officially Open for Public Comment

Photo of Amy J. TraubPhoto of Ashlee GrantBy Amy J. Traub and Ashlee Grant on Posted in DOL
On March 22, 2019, the DOL announced the official publication of its Notice of Proposed Rulemaking in the Federal Registrar and the commencement of the 60-day period for public comments. All public comments on the proposed new rule must be received by May 21, 2019 in order to be considered by the DOL in preparing … Continue Reading

New York State Issues Guidance for Compliance with New Sexual Harassment Law

Photo of Shawn ButtePhoto of Amy J. TraubBy Shawn Butte and Amy J. Traub on Posted in Harassment, New York
Earlier this year, Gov. Cuomo signed into law the 2018-2019 New York State Budget, which included new requirements for both private and government employers intended to combat sexual harassment in the workplace. As reported in our previous post, the new law mandates that starting October 9, 2018, all New York employers must adopt a sexual … Continue Reading

Reminder: Beginning July 18, NYC Employers Are Required to Accommodate “Personal Events”

Photo of Amy J. TraubPhoto of Amanda Van Hoose GarofaloBy Amy J. Traub and Amanda Van Hoose Garofalo on Posted in New York
Most New York City employers are probably familiar with the Fair Workweek Law that went into effect Jan. 1, 2018, but surely not all New York City employers are. That is likely because until now, that law applied only to fast-food restaurants and retail employers. But all that will change come July 18, 2018, when … Continue Reading

Second Circuit Lowers Causation Standard for Employees Alleging FMLA Violations

Photo of Amy J. TraubPhoto of Saima SheikhBy Amy J. Traub and Saima Sheikh on 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

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

Photo of Amy J. TraubPhoto of Saima SheikhBy Amy J. Traub and Saima Sheikh on 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

Hope for Employers on the Wage and Hour Front: The Department of Labor Brings Back Opinion Letters

Photo of Amy J. TraubPhoto of Amanda Van Hoose GarofaloBy Amy J. Traub and Amanda Van Hoose Garofalo on Posted in Wage and Hour
Given the exponential uptick in wage and hour lawsuits during the Obama administration and the United States Department of Labor’s (DOL’s) continuing aggressive enforcement of wage and hour laws, many employers have felt the risk of a potential lawsuit looming over their heads for pay violations they may not even know exist. Before 2010, Opinion … Continue Reading

Understanding the New Overtime Regulations

Photo of Amy J. TraubBy Amy J. Traub and Adam Seldon on Posted in FLSA
Today, the U.S. Department of Labor (“DOL”) issued the final version of the much-anticipated new Fair Labor Standards Act (“FLSA”) regulations regarding the salary threshold for exempt employees. This post provides employers with insight into how to understand, and ultimately apply, the new regulations, which will affect employers of all sizes in all industries across … Continue Reading

New York: Women’s Equality Act Legislation

Photo of Amy J. TraubBy Amy J. Traub and Yalda Haery on Posted in New York
In 2013, Governor Cuomo proposed multiple pieces of legislation, dubbed the Women’s Equality Act (“WEA”), to protect and further women’s equality in New York state. The legislation has been signed and became effective last week. For employers, the new legislation addresses key employment issues and will undoubtedly require employers to revisit their policies and practices. … Continue Reading

New York City Fair Chance Act

Photo of Amy J. TraubBy Amy J. Traub and Yalda Haery on Posted in New York
New York City’s Fair Chance Act took effect last week, amending the New York City Human Rights Law by prohibiting covered employers from asking about criminal history until after a conditional offer of employment has been extended. While it has always been a requirement that NYC employers first consider a set of eight specific factors before … Continue Reading

The Much-Anticipated Proposed Overtime Regulations Would Extend Overtime Protection to Nearly 5 Million Workers in 2016

Photo of Amy J. TraubBy Amy J. Traub and Adam Seldon on Posted in Department of Labor, FLSA, Retail
Yesterday, the U.S. Department of Labor (“DOL”) announced a much-anticipated proposed rule that, among other things, more than doubles the salary threshold required for an employee to qualify as exempt from overtime pay under Fair Labor Standards Act (“FLSA”) regulations that define exempt executive, administrative, and professional employees (“exempt white collar employees”). The current salary … Continue Reading

Thirty Years of Law in Thirty-Some Pages: The EEOC’s New Guidance on Pregnancy Discrimination

Photo of Amy J. TraubBy Amy J. Traub and Laura Scully on Posted in Discrimination, EEOC
The Equal Employment Opportunity Commission (EEOC) recently issued its “Enforcement Guidance on Pregnancy Discrimination and Related Issues.” It was no minor undertaking. According to the EEOC’s Questions and Answers about the Guidance, it “updates prior guidance on this subject in light of legal developments over the past thirty years.” This Guidance comes as little surprise. … Continue Reading

Rochester, NY Approves Ban-the-Box Legislation

Photo of Amy J. TraubBy Amy J. Traub on Posted in New York
Rochester, New York joins many other cities and states in “banning the box,” prohibiting most employers (with limited exceptions) from inquiring about an applicant’s criminal history, including on an application, before the candidate is interviewed, or if no interview is to take place, before a conditional offer of employment is made.  Nearby cities such as … Continue Reading
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