By Gregory P. Feit Recently, in Kemp v. Regeneron Pharmaceuticals, Inc.,[1] the United States Court of Appeals for the Second Circuit ruled that an employer can violate the Family and Medical Leave Act (FMLA) merely by discouraging an employee’s request for FMLA leave, even if the employer ends up granting...
It is nearly back to school time. Many students are beginning college for the first time, and parents are helping them transition to a new future. Parents are helping their children get ready for orientation, a new dorm room, new roommates, and buying books. However, it is important for parents...
It is graduation season. As children graduate high school and start preparing for college, once they reach 18 years of age, they are no longer “minors.” Most parents are not aware, but when the child gets to college, parents are no longer the automatic decision makers. For example, a parent...
This is the question raised by a recent lawsuit filed in the Northern District of New York by religious anti-abortion organizations against New York State. In the case, Compasscare et al. v. Cuomo et al., 19-cv-01409, the organizational plaintiffs argued that their First Amendment rights were violated by a New...
In a 6-3 decision issued January 13, 2022, the Supreme Court cast significant doubt on the viability of a pillar of President Biden’s plan to fight to the spread of Covid-19. The Court’s majority held that challengers were likely to succeed on their claim that the Occupational Safety and Health...
Tomorrow, on January 7, 2022, the Supreme Court is expected to hear an oral argument regarding religious exemptions from a vaccine mandate by the Centers for Medicare & Medicaid Services, a federal agency, with a focus on the limits of federal authority. As federal, state and local governments institute COVID-19...
On December 6, 2021, Mayor Bill de Blasio announced that New York City would become the first locality in the nation to institute a Covid-19 vaccine mandate for all private sector workers, which will go into effect on December 27, 2021 and apply to all in-person employees who are in...
Last Friday, RPJ Partner Mark Moore was quoted in The Chronicle of Higher Education in an article reported by Francie Diep entitled, “Illinois Mandates Vaccinations at All Institutions of Higher Education.” Governor J.B. Pritzker issued an executive order last Thursday requiring all students and employees at both public and private...
Broadway curtains are gearing up to rise again this fall after a year of lockdown, but the highly contagious Delta variant and breakthrough cases in vaccinated individuals present serious considerations for determining the safest ways to get company members and audiences back in the theater. Partner Ethan Krasnoo weighed in...
It seems the ink is hardly dry on a posting about COVID-19 vaccination policies in the workplace when there is a further legal development or news to share. In today’s news, the U.S. Equal Employment Opportunity Commission (EEOC) has just updated its COVID-19 technical assistance to address questions arising under...