Arielle E. Kobetz
Arielle Kobetz is an associate in the Labor & Employment Law Department. She assists employers in a wide range of areas, including discrimination, wage and hour, and traditional labor.
Prior to joining Proskauer, Arielle served as a law clerk at the New York City Human Resources Administration, Employment Law Unit, where she worked on a variety of employment discrimination and internal employee disciplinary issues.
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*** UPDATE: On November 24, 2020, the Plaintiffs in Palmer, et al. v. Amazon.Com, Inc., et al. filed a notice of appeal. The Plaintiffs appealed Judge Cogan’s order dismissing the case to the Second Circuit. We will continue to monitor this case and provide updates. *** On November 2, 2020, the Eastern District of New … Continue Reading
As we previously reported, the New York State paid sick leave law will take effect, and covered employees will begin accruing leave time, on September 30, 2020. However, employees may be restricted from utilizing accrued sick leave until January 1, 2021. As set forth in our previous blog: Employers with 4 or fewer employees and … Continue Reading
As we have previously reported, the United States Department of Labor (DOL) continues to update its COVID-19 guidance. Most recently, on July 20, 2020, the DOL issued additional Q and A guidance related to COVID-19 and the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Families First Coronavirus Response … Continue Reading
In a 6-3 decision authored by Justice Gorsuch on June 15, 2020, the United States Supreme Court held that Title VII’s prohibition on discrimination “because of…sex” includes discrimination on the basis of sexual orientation and gender identity. Bostock v. Clayton County, No. 17-1618 (590 U.S. ___ (2020). In doing so, the Court made clear that … Continue Reading
As the nation continues to move toward reopening, the EEOC and the Occupational Safety and Health Administration (“OSHA”) issued additional guidance for employers to consider as they plan employees’ return to the workplace. These updates supplement earlier guidance issued by both agencies, which we discuss in our previous posts. EEOC Guidance On June 11, 2020, … Continue Reading
On May 19, 2020, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued a memorandum updating previous guidance regarding employers’ obligation to record cases of COVID-19 in the workplace. On May 26, 2020, the previous guidance will be rescinded and OSHA’s updated guidance will go into effect, the key provisions of which are … Continue Reading
New York State and Washington D.C. have enacted legislation regarding paid time off to vote. The details of these new laws are summarized below. New York Nestled into the FY 2020-21 NY state budget is a revision to the statewide time off to vote law, which was revised in April 2019 to increase paid voting … Continue Reading
*** Last Updated: July 17, 2020 *** New York State has issued detailed guidance on Governor Cuomo’s “New York Forward” Plan, under which the State will re-open in four phases on a regional basis. The guidance includes additional information regarding: (1) when regions will be permitted to begin re-opening; (2) which businesses are included in … Continue Reading
***Updated May 5, 2020 to account for new information released by the Governor’s Office.*** In his daily press conference on April 26, 2020, New York Governor Andrew Cuomo announced a plan to re-open the state in phases on a regional basis. Under the plan, businesses will re-open on a business-by-business level within each region, with … Continue Reading
***Last Updated: May 18, 2020*** On April 9, 2020, Empire State Development (“ESD”) released guidance for determining whether a business or service is “essential” under a series of executive orders issued by New York Governor Andrew Cuomo. These orders, which we addressed in a previous post, require that only businesses and not-for-profit entities deemed essential … Continue Reading
On April 3, 2020, New York Governor Andrew Cuomo signed into law the fiscal year 2021 New York State budget, which, notably for employers, includes a new statewide paid sick leave requirement. As described below, the new leave provisions, which amend the NY Labor Law, will require New York employers of all sizes to provide … Continue Reading
***Updated April 16, 2020*** On March 25, 2020, New York State published Frequently Asked Questions and other guidance regarding the state’s recently enacted Covid-19 Paid Sick Leave Law and expansions to New York’s Paid Family Leave Law (PFL) and Disability Benefit Law. This bill was signed into law on March 18 and became effective immediately … Continue Reading
D.C. Governor Muriel Bower has issued an emergency order, Mayor’s Order 2020-053, (“the Order”) requiring that all non-essential businesses cease on-site operations beginning at 10:00 p.m. on March 25, 2020. The Order also prohibits gatherings of 10 or more people. The Order, as of now, will remain in effect through April 24, 2020. The Order … Continue Reading
*** IMPORTANT NOTE: On April 9, 2020, the State of New York released updated guidance that modifies some of the content discussed below. Read more on our updated blog post here. *** Beginning Sunday, March 22, 2020, in accordance with Executive Order 202.8 issued by Governor Andrew Cuomo, only essential businesses and not-for-profit entities in … Continue Reading
*** UPDATE: The Department of Labor has issued guidance stating that the law will take effect on April 1, 2020. More information on the guidance can be found on our blog post here.*** On March 18, 2020, President Trump signed into the law the Family First Coronavirus Response Act (the “Family First Act” or the … Continue Reading
*** New York State has issued additional guidance on the statewide Coronavirus leave law. More information about this guidance can be found on our blog post here. *** On March 18, 2020, New York Governor Andrew Cuomo signed into law a statewide Coronavirus response bill that immediately provides employees with sick leave and job protection in … Continue Reading
*** IMPORTANT NOTE: On March 18, 2020, President Trump signed an amended version of the Family First Coronavirus Response Act into law that modifies some of the provisions discussed below. Read more on our updated blog post here. *** On March 14, 2020, the U.S. House of Representatives overwhelmingly passed H.R. 6201, also known … Continue Reading
The New Jersey Department of Labor and Workforce Development (the “Department”) has issued its final regulations regarding the state’s Paid Sick Leave Act (the “Act”), which took effect on October 29, 2018. The Department also published its responses to over one hundred comments submitted by members of the public regarding the proposed regulations. As we … Continue Reading
Following a prolonged legal challenge brought by a group of Pittsburgh businesses, Pittsburgh’s paid sick leave ordinance will finally take effect on March 15, 2020. As we previously reported, in August 2015, the City of Pittsburgh passed the Paid Sick Days Act (the “Act”) which would have required most employers to provide their employees with … Continue Reading
UPDATE – on January 21, 2020, Governor Phil Murphy signed the bill into law. It will take effect in 180 days (i.e., on July 19, 2020). The New Jersey Senate has passed a bill (S.3170) that would amend the New Jersey Millville Dallas Airmotive Plant Loss Job Notification Act, more commonly referred to as the … Continue Reading
The New York State Department of Labor (NYSDOL) has published guidance on the state’s salary history inquiry law, which went into effect on January 6, 2020. As we previously reported, the law prohibits employers from: Relying on the wage or salary history of an applicant in determining whether to offer employment to such individual or … Continue Reading
Effective January 11, 2020, the New York City Human Rights Law (“NYCHRL”) has been amended to expand protections under the law to freelancers and independent contractors. Significantly, this includes the requirement that certain contractors now complete annual sexual harassment prevention training in the same manner as covered employees. Contractors also are now eligible for reasonable … Continue Reading
2019 was a busy year for lawmakers across the nation, underscoring the need for employers to remain apprised of all the new laws that will be taking effect in 2020. Below we summarize some of the significant developments employers should be on the lookout for in the new year. Sexual Harassment and Discrimination Laws On … Continue Reading
New Jersey Governor Phil Murphy signed into law the Create a Respectful and Open Workspace for Natural Hair (“CROWN”) Act, which prohibits employers from discriminating against applicants or employees based upon hairstyle. Effective immediately, the CROWN Act amends the New Jersey Law Against Discrimination to define “race” as inclusive of “traits historically associated with race” … Continue Reading
New York Court Dismisses Amazon Workers’ COVID-19 Health and Safety Claims
By Arielle E. Kobetz, Evandro Gigante and Heylee Bernstein on Posted in Coronavirus, Litigation and Arbitration, Workplace Policies and Procedures, Workplace Safety
Reminder: New York State Paid Sick Leave Law Takes Effect September 30
By Arielle E. Kobetz and Evandro Gigante on Posted in Leaves of Absences, Workplace Policies and Procedures
DOL Releases Additional COVID-19 Guidance Related to FFCRA, FMLA and FLSA
By Arielle E. Kobetz, Laura Fant, Heylee Bernstein and Guy Brenner on Posted in Coronavirus, FLSA, Leaves of Absences, Wage and Hour
U.S. Supreme Court Holds That Title VII Prohibits Discrimination Based on Sexual Orientation and Gender Identity
By Arielle E. Kobetz, Alex Downie and Steven Hurd on Posted in Discrimination, Harassment and Retaliation
EEOC and OSHA Issue New COVID-19 Guidance
By Arielle E. Kobetz and Harris Mufson on Posted in Coronavirus
OSHA Updates Guidance Regarding COVID-19 Recordkeeping Requirements
By Arielle E. Kobetz, Caroline Guensberg, Harris Mufson and Scott Tan on Posted in Coronavirus, Workplace Safety
New Voting Leave Laws in New York State and Washington D.C.
By Allan Bloom and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
New York State Issues Guidance for Re-Opening of Businesses
By Arielle E. Kobetz, Alex Downie, Evandro Gigante and Harris Mufson on Posted in Coronavirus
New York’s Governor Outlines Plan to Re-Open Businesses
By Arielle E. Kobetz, Alex Downie, Evandro Gigante and Harris Mufson on Posted in Coronavirus
New York State Issues Updated Guidance on Essential (And Non-Essential) Businesses
By Allan Bloom, Arielle E. Kobetz and Alex Downie on Posted in Coronavirus
New York Enacts Statewide Paid Sick Leave Law as Part of FY 2021 Budget
By Arielle E. Kobetz, Harris Mufson and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
New York State Issues Guidance on COVID-19 Quarantine Leave Law
By Arielle E. Kobetz, Rachel Therese Gulotta, Laura Fant, Harris Mufson and Evandro Gigante on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures
District of Columbia Orders Closure of All Non-Essential Businesses
By Arielle E. Kobetz, Caroline Guensberg and Guy Brenner on Posted in Coronavirus
New York State Mandates That Non-Essential Workers Must Stay Home
By Arielle E. Kobetz, Evandro Gigante and Alex Downie on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures, Workplace Safety
Federal Family First Coronavirus Response Act Signed Into Law
By Arielle E. Kobetz, Laura Fant, Heylee Bernstein, Guy Brenner and Evandro Gigante on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures, Workplace Safety
New York State Enacts Coronavirus Response Bill Including Paid Sick Time and Other Statutory Benefits
By Arielle E. Kobetz, Laura Fant, Harris Mufson, Heylee Bernstein and Evandro Gigante on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures
Family First Coronavirus Response Act: What Employers Need to Know
By Arielle E. Kobetz, Laura Fant, Heylee Bernstein, Guy Brenner and Evandro Gigante on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures, Workplace Safety
Final Regulations Issued for New Jersey Paid Sick Leave Act
By Arielle E. Kobetz, Alex Downie and Harris Mufson on Posted in Leaves of Absences, Workplace Policies and Procedures
Pittsburgh Paid Sick Leave Ordinance To Take Effect March 15, 2020
By Arielle E. Kobetz and Harris Mufson on Posted in Leaves of Absences, Workplace Policies and Procedures
Mandatory Severance Pay for Mass Layoffs Looms in New Jersey
By Arielle E. Kobetz, Evandro Gigante and Laura Fant on Posted in Workplace Restructuring and WARN
New York State Department of Labor Publishes Guidance on Salary History Inquiry Law
By Arielle E. Kobetz, Alex Downie and Evandro Gigante on Posted in Hiring/Background Checks
New York City Extends Human Rights Law Protections and Training Requirements to Freelancers and Independent Contractors
The Employment Law Landscape in 2020
By Arielle E. Kobetz, Evandro Gigante and Tony S. Martinez on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
New Jersey Becomes the Third State to Prohibit Hairstyle Discrimination
By Arielle E. Kobetz and Harris Mufson on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
