Independent Contractor or Employee? A New Test Might Be Right Around the Corner
By Amy Epstein Gluck | | Misclassification
Independent contractor or employee? That has long been the question under various federal and state laws. Courtesy of my employment partner Gordon Berger, I’m here to tell you that the United State Department Of Labor (DOL) just released a new proposed rule (“Rule”) that would update the requirements for whether a worker is an independent contractor…
Read More No Such Thing As A Free Lunch When It Comes to Sexual Harassment
By Amy Epstein Gluck | | Sex Discrimination, Sexual Harassment
Ignoring a female employee’s complaints that a male co-worker referred to her as “lunch” and simulated sex acts can draw scrutiny from the Equal Employment Opportunity Commission (EEOC). The EEOC reported that Lowe’s would pay $700,000 to settle a discrimination lawsuit that the EEOC filed in the U.S. District Court of Arizona just a few…
Read More Employers, Managers, I Implore You…Document Performance and/or Conduct Issues Before Terminating That Employee
By Amy Epstein Gluck | | Race-based Discrimination, Harassment
The cost of not doing so is waayyyy higher than the time it takes to document a problem with an employee. This particular topic is a favorite of mine. In fact, I have a deck I use to train managers and supervisors called “The Power of Documentation,” and in my head, when I say the…
Read More Employers Shouldn’t Monkey Around When It Comes To MonkeyPox
By Amy Epstein Gluck | | Accommodation of Disabilities, Disabilities and Accommodations (ADA), Family Medical Leave Act (FMLA), LGBTQ+, Sexual Harassment, Sexual Orientation, Workplace Safety
What do employers need to think about when it comes to monkeypox? Declared as a public health emergency earlier this month, I can see the collective thought bubble in the minds of employers when they contact employment counsel to discuss a plan of action when it comes to monkeypox: “here we go again.” In the…
Read More New York Sexual Harassment Prevention Measures Mean Business
By Amy Epstein Gluck | | Abuse in the Workplace, General Employer Guidance, Sexual Harassment
Hey New York employers! It’s been a minute since we’ve discussed the extensive sexual harassment prevention measures that New York State has implemented. I have updates. Earlier this year, New York Governor Kathy Hochul signed into law an amendment to the New York State Human Rights Law requiring that the New York State Division of…
Read More Employers, Here’s New EEOC Pandemic Guidance About COVID-19 Testing
By Amy Epstein Gluck | | Covid-19, Disabilities and Accommodations (ADA), EEOC, Workplace Safety
They say two heads are better than one. Thankfully, I have the benefit of multiple excellent brains within the employment group at FisherBroyles, including my law partner Gordon Berger. Gordon not only informed me that yesterday, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 pandemic guidance, but he sent a summary of the new guidance…
Read More Explaining Some Employment Implications of Overturning Roe v. Wade
By Amy Epstein Gluck | | EEOC, Employee Benefits, Family Medical Leave Act (FMLA), General Employer Guidance, Pregnancy Discrimination
The Supreme Court of the United States (SCOTUS) ruling that overturned Roe v. Wade on June 24, 2022 poses countless legal questions and presents serious challenges for stakeholders, including employers. What does employment law have to do with abortion rights, you might ask. Well, I’ll tell you, and I’ll tell you something else: the ramifications…
Read More “Let’s Just Hire An Intern… .” Employers, It’s Not That Simple
By Amy Epstein Gluck | | General Employer Guidance, Wage & Hour
Few unpaid internships comply with the Fair Labor Standards Act (FLSA), yet they seem to be ubiquitous. One study cited one million unpaid internships per year, according to an estimate from the Center for Research on College-Workforce Transitions at the University of Wisconsin-Madison. “First, there’s the baseline expectation of paying your dues, rather than being paid for…
Read More The OFCCP Reminds Federal Contractors and Subs Of LGBTQI+ Obligations
By Amy Epstein Gluck | | Discrimination in the Workplace, LGBTQ+
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) reminds federal contractors and subcontractors that it strives to ensure that LGBTQI+ workers are not the subject of discrimination and that federal contractors advance equal employment opportunity. The OFCCP is the agency that “protects the rights of employees and job applicants of companies…
Read More Employers, the EEOC Is Watching How You Treat Pregnant Employees And Applicants
By Amy Epstein Gluck | | Sex Discrimination
This is not news. Or at least it should not be. And yet. The Equal Employment Opportunity Commission (the “EEOC“), the federal agency that enforces the federal anti-discrimination laws, announced that it settled a claim with a Louisiana restaurant that admitted it violated federal law when a restaurant manager fired and then later refused to…
Read More RICHARD COHEN
Richard Cohen has litigated and arbitrated complex corporate, commercial and employment disputes for more than 35 years, and is a trusted advisor to business owners and in-house counsel both in the United States and internationally. His clients have included Fortune 100 companies, domestic and foreign commercial and investment banks, Pacific-rim corporations and real estate development companies, as well as start-up businesses throughout the United States.
AMY EPSTEIN GLUCK
Amy Epstein Gluck has represented individuals and corporate clients in Virginia, Washington, D.C., and various federal district courts for more than twenty years. Ms. Epstein Gluck’s current practice areas include employment law—advising on and drafting employment agreements; handling employment negotiations, severance agreements, noncompete and nondisclosure agreements, “wrongful terminations” and other EEO matters; representation at the EEOC level; advising employers about discrimination laws and how to remain in compliance, and employment negotiations.
