areas of expertise
Wendy Stryker is Co-Chair of the Employment Group at Frankfurt Kurnit. She represents marketing services agencies, media and entertainment companies, tech startups, and other sophisticated corporations and individual executives in New York State and Federal courts and before administrative agencies and self-regulatory organizations.
Ms. Stryker also effectively plays the role of outside general counsel. She advises on a wide variety of employment issues as they arise, including discrimination and harassment, employee classification, wage and hour, employee discipline, employee use of social media, background checks, interview questions, and requests for disability accommodations. She regularly helps clients manage litigation risk through expert guidance and the design and implementation of compliance and training programs.
A frequent public speaker, Ms. Stryker has presented at the New York City Bar Association Employment Law Institute, the New York State Bar Association Women on the Move Conference, the Producers Guild of America East, the International Association of Young Lawyers’ HNW Same Sex Family’s Going Global Conference, the South-by-Southwest Conference, and Social Media Week in New York. The Society for Human Resource Management frequently quotes Ms. Stryker on employment law topics, and she has been interviewed on employment law matters by Forbes, Variety and SiriusXM. She is the editor of the MLRC Employment Survey: New York Libel Law.
Ms. Stryker is President of the Board of Directors of the New York Civil Liberties Union and is a member of the New York City Bar Association Labor and Employment Law Committee and the Media Law Resource Center Employment Law Committee. She has successfully represented two New York City tenant advocacy groups on a pro bono basis, helping them to defeat on First Amendment grounds a landlord’s attempt to ban their community service efforts. Prior to joining Frankfurt Kurnit, Ms. Stryker was a law clerk to the Honorable Michael H. Dolinger, United States Magistrate Judge for the Southern District of New York. She is admitted to practice in New York.
awards & recognition
Lawyers of Color: Law Firm Diversity Professionals 2023
City & State “Responsible 100” Award (2021)
Super Lawyer in New York-area for Employment & Labor and Business Litigation (2016 - 2022)
Urban Justice Center Community Development Project Award for her pro bono contributions
New York University School of Law (J.D.)
University of Pennsylvania (B.A.)
Upcoming Speaking Engagements
Past Speaking Engagements
When is it OK to Regulate Employee Speech?
In this webinar, Employment Group Co-Chair Wendy Stryker will focus on the laws that impact an employer’s ability to regulate employee speech at work or online, as well as recent legal changes that provide employees with greater protections. Read more.
June 15 2023
Frankfurt Kurnit’s 2023 Litigation Ethics Summit
Join us in person at our New York City office for our Litigation Ethics Summit -- a complimentary CLE event on current hot topics in ethics and professional responsibility. Read more.
May 11 2023
Employment Law and Social Media: What Every PR Agency Should Know About Respecting and Managing Employee Speech
Wendy Stryker presents "Employment Law and Social Media: What Every PR Agency Should Know About Respecting and Managing Employee Speech” during the Public Relations Society of America's 2023 Counselors Academy Conference in New Orleans. Read more.
May 9 2023
Under the Influence: Employment Law Considerations Influencing Influencer Agreements Part 2
Jesse Klinger, Khasim Lockhart, Wendy Stryker, and Alycia S. Tulloch discuss some of the major employment law issues to be aware of when engaging Influencers for projects in New York and California. Read more.
April 20 2023
Under the Influence: Employment Law Considerations Influencing Influencer Agreements
Over the last few years Influencers have become some of the most sought after “talent” in entertainment, advertising, marketing, and other industries. This webinar discusses some of the major employment law issues to be aware of when engaging Influencers for projects in New York and California. Read more.
March 15 2023
Employment Law Institute 2023
March 3 2023
Preventing & Addressing Sexual Harassment Post-Cuomo
May 31 2022
New York City Bar: Employment Law Institute
March 4 2022
Return to Work: COVID-19 Protocol Updates and Evolving DEI Issues
The Frankfurt Kurnit Employment Law Group kicks off 2022 with a hybrid of its Return to Work and DEI webinar series. The session will take lessons from the pandemic period and help employers create sensible and up-to-date reopening plans. Read more.
January 27 2022
Walking the Talk on DEI: Recruitment and Hiring
Frankfurt Kurnit’s Employment Compliance, Training & Litigation Group is hosting Walking the Talk on DEI –– a series of complimentary webinars. Our second session, Recruitment and Hiring on October 28th, will examine best practices during the hiring process. This session will focus on DEI issues and opportunities that arise during the hiring process, particularly with respect to job postings and candidate interviews. Read more.
October 28 2021
Walking the Talk on DEI: Planning and Implementing Your Company’s DEI Program
It’s one thing to envision a Diversity, Equity, & Inclusion Program. It’s another thing to plan one. And it’s a third thing to plan one right –– meaning in compliance with federal, state and local rules. To help you develop a DEI program that serves the company, its workforce, and avoids legal pitfalls, Frankfurt Kurnit’s Employment Compliance, Training & Litigation Group is hosting Walking the Talk on DEI –– a series of complimentary seminars. Read more.
September 28 2021
SoDA Webinar: Return to Office Planning
June 15 2021
COVID-19 and Employment Law: Lessons Learned and Planning for the Future
Wendy Stryker is the Program Chair & Panel Leader for the New York City Bar’s webcast, “COVID-19 and Employment Law: Lessons Learned and Planning for the Future.”
June 14 2021
Vaccine Mandates and Return to Work Protocols
June 10 2021
Navigating the “New Normal” in the Workplace
Join us for an in-depth discussion of the new laws, policies and legal developments that New York and California employers will need to know to set up a compliant workplace in the “new normal” of a post-vaccination world. Read more.
May 25 2021
New York City Bar’s 7th Annual Employment Law Institute
Wendy Stryker presents, “NLRB/Section 7 Rights — Bounds of ‘Appropriate’ Workplace Behavior” during the New York City Bar’s 7th Annual Employment Law Institute Webcast.
March 5 2021
A New Hope: COVID-19 Vaccines in the Workplace and other Employment Law Developments for 2021
COVID vaccines have arrived, giving the world and employers hope that things may finally get “back to normal.” But if you’re like many media and technology executives, you’re struggling to figure out how the vaccine fits in to your policies and procedures and makes employees and clients safer. This complimentary webinar presented by Tricia Legittino and Wendy Stryker can help. Read more.
January 20 2021
Politics in the Workplace: When Free Speech and Company Policy Collide
October 15 2020
Two Places at Once: Employment and Tax Law Issues Raised by Remote Workers
Whether by stay-at-home order or by choice, remote work has become a lifeline for many employees and employers. But remote offices can raise difficult questions with huge financial consequences. When the “real” office is in one state and the remote work in another, which state’s employment laws apply? Which state's tax laws apply? The answers affect business owners, managers and executives in all industries. Read more.
October 7 2020
SoDA: Returning Staff, Remote Teams and MSA Negotiations
October 1 2020
Amendments to NYS Employment Discrimination and Harassment Laws: Taking Stock One Year Later
Wendy Stryker presents “Amendments to NYS Employment Discrimination and Harassment Laws: Taking Stock One Year Later” during a panel for the New York City Bar Association.
September 23 2020
Diversity & Inclusion for Communicators
Wendy Stryker speaks during Ragan’s Diversity & Inclusion for Communicators virtual workshop.
August 13 2020
More Than Just Hand Sanitizer: Employment Law and the Return to Work (Part 3)
If you're like many media, entertainment and technology executives, you're struggling with how to safely reopen your business. One threshold requirement is a written Safety Plan -- and the leadership to implement it. In part III of our ongoing return-to-work webinar series, we'll focus on safety plans and procedures for New York and California. Read more.
August 12 2020
Politics and Employment Law
With COVID-19 transforming the workplace, protests changing the world, and a presidential election coming – our firm created a presentation focusing on the intersection of politics and workplace rights. Read more.
June 24 2020
More Than Just Hand Sanitizer: Employment Law and the Return to Work (Part 2)
In Part 2 of our “More Than Just Hand Sanitizer” series we'll help you learn how to implement the policy and procedural changes, as well as the physical changes, necessary for a return to the workplace. Read more.
May 20 2020
More Than Just Hand Sanitizer: Employment Law and the Return to Work (Part I)
Rehiring considerations. How to test for COVID-19. How to schedule work. Which accommodations to grant. How to safeguard a gigabyte of new confidential information. These are just some of the difficult issues employers will face in the gradual return to work. In this one-hour webinar we'll help you identify the policy and procedural changes you need to make to comply with fast-changing new rules while reducing health and financial risk. Read more.
May 13 2020
Employment During a Pandemic: COVID-19 and the Major Issues Affecting New York Workplaces
May 6 2020
Employment Issues in a Pandemic
Wendy Stryker presents “Employment Issues in a Pandemic” during a webinar for AIGA.
April 24 2020
eMarketing Association Program
Wendy Stryker presents “2020 Online Advertising Legal Issues: Employment Law - Work-From-Home, CCPA, Ad Fraud, and more” during an online program for the eMarketing Association.
March 25 2020
The ABCs of Independent Contractors in California and New York
You are invited to join attorneys from Frankfurt Kurnit's Employment Compliance, Training & Litigation Group for a roundtable discussion and workshop that will address the classification of independent contractors and employees under rapidly changing California and New York law. Read more.
November 20 2019
Frankfurt Kurnit’s Second Annual Litigation Ethics Summit
Frankfurt Kurnit hosts its Second Annual Litigation Ethics Summit -- a complimentary CLE for corporate counsel, law firm general counsel, partners with responsibility for law firm compliance and risk management, and other lawyers with interest in professional responsibility issues. Read more.
October 24 2019
“A Tale of Two Cities: Employment Law Compliance in New York City and Los Angeles” in LA
June 6 2019
“A Tale of Two Cities: Employment Law Compliance in New York City and Los Angeles” in NYC
May 22 2019
Producers Guild of America East’s Diversity & Inclusion Panel on Ageism
Wendy Stryker speaks on the Producers Guild of America East’s Diversity & Inclusion panel discussing Ageism at the Frankfurt Kurnit NY office.
February 25 2019
Get Ready for New Anti-Harassment Rules
July 18 2018
Be the Change: Frankfurt Kurnit’s Third Annual Advertising Law Summit
Changes in advertising law are inevitable. The changes come from regulators and self-regulators. They come from privacy and data security czars. They come from the courts. And they come from technology providers and platforms. Read more.
June 7 2018
Sexual Harassment & the Law: A Call to Action for Lawyers in the Era of #MeToo
Wendy Stryker speaks on the panel “Sexual Harassment & the Law: A Call to Action for Lawyers in the Era of #MeToo” for the New York City Bar Association.
June 4 2018
NYCB 4th Annual Employment Law Institute
March 9 2018
Preventing Discrimination and Harassment in the Creative Workplace
Wendy Stryker participates in the American Association of Advertising Agencies’ webinar "Preventing Discrimination and Harassment in the Creative Worplace".
December 15 2017
Designing Disruption: Legal Strategies for Emerging Companies in Fashion and Tech
The New York Fashion Tech Lab and Frankfurt Kurnit invite you to a workshop where we will focus on three key areas for early and growth stage companies: Financing, IP and Employment. Read more.
May 31 2017
Wendy Stryker speaks at South by Southwest Interactive on “Employment Law Issues in the Virtual Workplace.”
March 13 2017
Third Annual Employment Law Institute of the New York City Bar Association
Wendy Stryker speaks on two panels at the Third Annual Employment Law Institute of the New York City Bar Association, Labor and Employment Committee: “The Virtual Workplace” and “Social Media and Employment Law.”
March 10 2017
Wendy Stryker speaks at SXSW 2016 on "#You'reFired@Work: Social Media & Employment Law" from 3:30 PM - 4:30 PM.
March 12 2016
ABA Labor & Employment Law Section Career Panel
Wendy Stryker presents at CUNY School of Law as part of the ABA Labor & Employment Law Section's Career Panel.
February 11 2016
Mastering Cyber Law, Cloud Computing, & Social Media Law CLE
May 27 2015
Social Media Compliance
Wendy Stryker and Hannah Taylor present "Social Media Compliance", a discussion on the major legal pitfalls when posting to social media, for the Association for Accounting Marketing – NY Chapter at Anchin Block & Anchin LLP in New York.
May 7 2015
The HNW Same Sex Family: Going Global Conference
Wendy Stryker participates in a panel on "Discrimination in the Workplace" at The HNW Same Sex Family: Going Global Conference in Brighton, U.K. The ABA Section of International Law and International Association of Young Lawyers sponsor the conference.
April 9 2015
Rules of the Road: Four Areas of Law Every Social Media Maven Should Know
February 25 2015
#You’reFired @Will: Social Media and Employment Law
Employees talk about everything on social media. Their supervisors. Their clients. The pitch they worked on all night. While many of these comments are harmless, some violate workplace rules or threaten company interests. Read more.
March 27 2014
Running Your Restaurant: Preventing Wage and Hours Claims by Employees in the Hospitality Industry
January 7 2014
Combating Workplace Disparity through Legislation
Wendy Stryker speaks on "Combating Workplace Disparity through Legislation" at the 2012 Women on the Move program at the Concierge Conference Center in New York.
October 30 2012
Hot Topics in Employment Law
June 7 2012
Association for Neighborhood Housing and Development
Wendy Stryker and the Urban Justice League present an anti-SLAPP training program for the Association for Neighborhood Housing and Development.
May 10 2011
Wendy Stryker Presents a CLE on Avoiding Liability in Hostile Work Environments
Wendy Stryker presents a CLE luncheon on how employers can avoid liability for hostile work environments, and for discrimination in hiring and other situations at the offices of Frankfurt Kurnit.
June 9 2010
news & press
40 Frankfurt Kurnit Attorneys Named to Super Lawyers New York Metro List for 2023
Super Lawyers magazine lists 40 Frankfurt Kurnit attorneys in its 2023 NY-metro edition. Read more.
New Ruling from the National Labor Relations Board May Require Significant Handbook Revisions
On August 2, the National Labor Relations Board issued a decision, Stericycle Inc. and Teamsters Local 628, that creates a new legal standard for how the NLRB will evaluate workplace rules and policies to determine if such rules interfere with employees’ protected rights to engage in concerted workplace activity under Section 7 of the National Labor Relations Act. Read more.
Lawyers of Color: Law Firm Diversity Professionals
Lawyers of Color included Lisa E. Davis, Khasim Lockhart, Terri Seligman, and Wendy Stryker as 2023 Law Firm Diversity Professionals. Law Firm Diversity Professionals is a comprehensive directory of diversity legal professionals and law firm BIPOC affinity group chairs/co-chairs. Diversity professionals recognized may be of any race or ethnic background. View Article
New York Releases New Changes to its Model Sexual Harassment Policy and Training Video
On April 11, 2023, the New York State Department of Labor released updated versions of its sexual harassment model policy and training materials. Read more.
Frankfurt Kurnit Represents Prodject LLC in its Sale to The Independents Group, Inc.
New York-based Prodject LLC (“Prodject”), the renowned creative agency specializing in brand strategy, design and execution for events and content in fashion, music, art, and popular culture, was acquired by The Independents Group, Inc., a global marketing and communications company. Read more.
National Labor Relations Board Provides Key Guidance on Severance Agreements
On March 22, 2023, the National Labor Relations Board (“NLRB” or the “Board”) released a memorandum providing employers of both unionized and private sector workplaces with important guidance about severance agreements that contain broad confidentiality and/or non-disparagement provisions (the "Memo"). Read more.
Thirty-five Frankfurt Kurnit Attorneys Named to Super Lawyers New York Metro List for 2022
The list includes: Christopher R. Chase, Victoria Cook, Lisa E. Davis, Caren Decter, Catherine M.C. Farrelly, Michael P. Frankfurt, Hayden Goldblatt, Jeffrey A. Greenbaum, John B. Harris, Richard B. Heller, Richard Hofstetter, Nicole Hyland, Candice Kersh, Brian E. Maas, Richard Maltz, Jeffrey Marks, Kimberly Maynard, Mark Merriman, Ronald C. Minkoff, Brian G. Murphy, Edward H. Rosenthal, Terri Seligman, Barbara E. Shiers, Wendy Stryker, Hannah Taylor, Linda Wank, S. Jean Ward, Craig Whitney and Maura Wogan. Aaron Deitsch, Christina Jenkins, Sasha Levites, Tyler Maulsby, Jordyn Milewski, and Adam Osterweil are listed as “Rising Stars.” Read more.
New York City Employers Must Provide Salary Ranges in All Job Postings Beginning May 15, 2022
A recent amendment to the New York City Human Rights Law ("NYCHRL") requires employers to provide a salary range in all job postings starting on May 15, 2022. Read more.
Are You Up-To-Date on Federal, NYS, and NYC Employment Law Changes for 2022?
As we near the end of another year of COVID-19 and face yet more surges in cases, governments are working to adapt in order to keep employees safe. In addition to new COVID-19 laws and regulations, incoming New York State Governor Hochul has signed a number of other laws affecting employers. Read more.
Update on NYC Private Sector Vaccine Mandate
By way of reminder, on December 6, the City of New York announced a vaccine mandate for all private sector employers, effective December 27, 2021 (the “Order”). Further guidance on the Order was issued December 15. Read more.
City & State: 2021 Responsible 100
Wendy Stryker is recognized by City & State as one of New York’s “Responsible 100” honoring a select group of New Yorkers who exemplify what it means to be a socially responsible citizen. View Article
Vaccine Mandate Update: US Department of Labor Issues Emergency Temporary Standard Regarding Mandatory Vaccination Policies
On November 4th, the U.S. Department of Labor’s Occupational Safety and Health Administration announced a new emergency temporary standard to protect workers from the spread of the coronavirus in the workplace. Read more.
Thirty-five Frankfurt Kurnit Attorneys Named to Super Lawyers New York Metro List for 2021
The list includes: Christopher R. Chase, Victoria Cook, Lisa E. Davis, Caren Decter, Catherine M.C. Farrelly, Michael P. Frankfurt, Hayden Goldblatt, Jeffrey A. Greenbaum, John B. Harris, Richard B. Heller, Richard Hofstetter, Nicole Hyland, Candice Kersh, Rick Kurnit, Brian E. Maas, Richard Maltz, Jeffrey Marks, Kimberly Maynard, Mark Merriman, Ronald C. Minkoff, Brian G. Murphy, Edward H. Rosenthal, Terri Seligman, Thomas D. Selz, Barbara E. Shiers, Wendy Stryker, Linda Wank, S. Jean Ward, Craig Whitney and Maura Wogan. Marcie Cleary, Christina Jenkins, Sasha Levites, Tyler Maulsby, and Adam Osterweil are listed as “Rising Stars.” Read more.
Changes to Face Mask and Social Distancing Requirements in Updated NY HERO Act Model Plan
As discussed in our previous alerts and blog posts, the New York Health and Essential Rights Act (the “NY HERO Act”) requires employers to among other things maintain, and upon designation by the NYS Commissioner of Health, implement, an “airborne infectious disease” plan that meets certain minimum standards. Read more.
United States: Employers Must Implement NY HERO Act Safety Plans Now
Employers Must Implement NY HERO Act Safety Plans Now
On September 6, 2021, Governor Kathy Hochul designated COVID-19 as an airborne infectious disease under the HERO Act. This designation requires all employers to implement workplace safety plans that are in compliance with HERO Act standards. Read more.
The Fast and the Furious: Four Major Developments in COVID-19 and Return-to-Work Protocols
In case you blinked, we covered four major developments that came out in the past week that every employer needs to know as they reopen their offices. Read more.
Vac to Work: EEOC Provides New Guidance on Vaccine Requirements, Incentives, and Documentation Requests
On May 28, 2021, the Equal Employment Opportunity Commission updated its ongoing guidance on COVID-related labor and employment rules, “What You Should Know about COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The updates provide crucial information for employers working through their return-to-work plans. Read more.
United States: New York HERO Act Imposes New Health and Safety Rules on Employers
New York HERO Act Imposes New Health and Safety Rules on Employers
On May 6, 2021, Governor Cuomo signed the Health and Essential Rights Act (“HERO Act”) into law as a response to COVID-19 safety concerns in connection with New Yorkers returning to in-person work. Read more.
What Employers Need to Know About the American Rescue Plan Act
On March 11, 2021, President Biden signed the American Rescue Plan Act (“ARPA”) into law, promising $1.9 trillion in relief related to the COVID-19 pandemic including certain relief for workers. Read more.
California Enacts COVID-19 Supplemental Paid Sick Leave 2021
On March 19, 2021, Governor Newsom signed into law California’s COVID-19 Supplemental Paid Sick Leave Law. Read more.
AICP and Unions Agree on Updated COVID-19 Commercial Production Guidelines
On December 15, 2020, the COVID-19 Commercial Production Safety and Training Protocol Agreement between the Association of Independent Commercial Producers (“AICP”) and several unions including the DGA and IATSE, went into effect along with an updated version of AICP’s COVID-19 Guidelines (also known as “Appendix A”). Read more.
Can Employers Require Employees to Receive a COVID-19 Vaccination?
On December 11, 2020, the U.S. Food and Drug Administration granted Pfizer an Emergency Use Authorization for its COVID-19 vaccination. While this and other vaccine news is encouraging, it raises a difficult question: Can employers require employees to get the vaccine before returning to the workplace? Read more.
Uncompensated COVID-19 Safety Protocols Prompt Class Action Wage and Hour Claim
Many employers have implemented COVID-19 safety protocols for their employees based upon various government regulations, orders, and guidance as well as genuine concern for the health and well-being of the employees. But, do those employers have an obligation to compensate their employees for time spent going through the employer’s required COVID-19 safety protocols? One California employer is finding out the hard way. Read more.
New CDC “Close Contact” Definition Establishes Lower Threshold for Required Quarantine
The CDC recently updated its definition of a close contact as: someone who was within six feet of an infected person for a cumulative total of 15 minutes or more over a 24-hour period starting from two days before illness onset (or, for more asymptomatic patients, 2 days prior to test specimen collection) until the time the patient is isolated. Read more.
Thirty-five Frankfurt Kurnit Attorneys Named to Super Lawyers New York Metro List for 2020
The list includes: Christopher R. Chase, Victoria Cook, Lisa E. Davis, Catherine M.C. Farrelly, Michael P. Frankfurt, Hayden Goldblatt, Jeffrey A. Greenbaum, John B. Harris, Richard B. Heller, Richard Hofstetter, Nicole Hyland, Candice Kersh, Rick Kurnit, Brian E. Maas, Richard Maltz, Jeffrey Marks, Kimberly Maynard, Mark Merriman, Ronald C. Minkoff, Brian G. Murphy, Edward H. Rosenthal, Terri Seligman, Thomas D. Selz, Barbara E. Shiers, Wendy Stryker, Linda Wank, S. Jean Ward, Craig Whitney and Maura Wogan. Marcie Cleary, Christina Jenkins, Sasha Levites, Tyler Maulsby, Adam Osterweil and Rachel Santori are listed as “Rising Stars.” Read more.
New York Permits Gyms, “Low-Risk” Arts & Entertainment, Amusement Parks, Gaming Sites, Malls and Restaurants to Reopen With Restrictions
We provide an update on Governor Cuomo’s four-phase New York Forward Plan to gradually permit businesses to reopen by region in New York State. Read more.
EEOC Again Updates Key Guidance for Employers Reopening Workplaces
On September 8, 2020, the EEOC again updated What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The update contains important new guidance to help employers manage employee requests lawfully while reopening offices and other workplaces. Read more.
Deadline: New York Sick Leave Law Takes Effect September 30th
The new mandatory New York State Sick Leave Law (NYSSLL) goes into effect September 30, 2020. First enacted in April 2020, the law requires New York employers of all sizes to provide employees with the right to accrue varying amounts of either sick or unpaid sick leave depending on employer size and income. Employees may be restricted from using sick leave until January 1, 2021. Read more.
New York Court Strikes Key Provisions of the US DOL’s Rule Regarding FFCRA Paid Sick and Expanded FMLA Leave
On August 3, 2020, Judge J. Paul Oetken of the U.S. District Court for the Southern District of New York struck down four provisions of the U.S. Department of Labor (“DOL”) regulations (the “Final Rule”) implementing elements of the Families First Coronavirus Relief Act (“FFCRA”) (the “Decision”). Read more.
5 Tips for When COVID-19 Comes to Your Media Production
You’ve mastered the guidance. You’ve implemented the procedures. You’ve followed all the rules to keep your production safe from COVID-19. But somehow, one of your production team members has tested positive for the virus. What next? Read more.
Payment Protection Program Extended through August 8, 2020
On July 3rd, President Trump signed legislation extending the application deadline for the Paycheck Protection Program until August 8th. Read more.
PPP Application Process Updates
Here are two important news items for businesses participating in, or seeking to participate in, the Small Business Administration (SBA)’s Paycheck Protection Program (PPP). Read more.
Reopening: Can an Employer Require Antibody Testing For Returning Employees?
Last week, the EEOC updated its COVID-19-related guidance for employers, titled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. In general, this EEOC resource contains important guidance to help employers implement strategies to navigate the impact of COVID-19 in the workplace. In the most recent update, the EEOC answered the question: Under the Americans with Disabilities Act (ADA), may an employer require antibody testing before permitting employers to re-enter the workplace? Read more.
California Employees Who Refuse to Return to Work Risk Loss of Unemployment Benefits
Here’s some news for California employers and employees wrestling with the question of how to return to work. Read more.
EEOC Updates Key Guidance for Employers Reopening Workplaces
The EEOC updated What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The update contains important new guidance to help employers manage employee requests lawfully while reopening offices and other workplaces. Read more.
Small and Midsize Business Relief: New “Main Street Lending Program “Is on the Way
In our continuing effort to help clients leverage COVID-19-related federal assistance, we are tracking a new relief program due out soon from the Federal Reserve. The “Main Street Lending Program” will facilitate loans to small- and mid-size businesses that were considered to be in sound financial condition before the start of the COVID-19 pandemic. Read more.
OSHA Issues New Guidance on Reporting “Work-related” COVID-19 Cases
Employers preparing to reopen offices and worksites have some new reporting requirements from the Occupational Safety and Health Administration (“OSHA”) of the United States Department of Labor. The new requirements, effective May 26, 2020, spell out when an employer must record and report a COVID-19-related incident. Read more.
Checklist: Eleven Policies to Consider Before Reopening Your Business
As economies across the country begin restarting and the COVID-19 pandemic continues, employers have some important, pandemic-related revisions to consider for their employment policies and handbooks. Frankfurt Kurnit’s employment team has been reviewing the applicable federal, state, and local laws, guidelines and regulations to gather a list of specific policies employers should consider creating or revising. Read more.
EEOC Permits Employers to Test for COVID-19
This week, as parts of the nation began returning to work, the EEOC responded to an increasingly urgent question: May employers test employees for COVID-19? Read more.
PPP Loan Program Updates: Additional Funding and Additional Guidance
The Frankfurt Kurnit Corporate Group has been tracking developments in the Paycheck Protection Program (the “PPP”), adopted as part of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). In this alert we highlight some key developments since our last update. Read more.
CARES Act: Calculating Employee Headcount Under SBA “Affiliation Rules”
The recently passed Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) created a program called the Paycheck Protection Program (the “PPP”), which makes certain loans available to small businesses. Read more.
The FFCRA Implementation Date is Coming Up – How to Get into Compliance
Employers are reminded that the new Families First Coronavirus Act will go into effect commencing on April 1, 2020 and continuing through December 31, 2020. Employers should not only be aware of the law’s key provisions, but know how to stay complaint and provide mandatory notice to employees. Read more.
Aid for Small Business and Employees Affected by COVID-19
On March 27th, the House passed and the President signed the Coronavirus Stimulus package, now known as the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act pumps $2.2 trillion into the American economy to combat the effects of the Coronavirus. Below is a summary of the key provisions of the CARES Act that will provide assistance to workers and small businesses. Read more.
Super Lawyers - New York Metro Top Women for 2020
The New York Times distributed the Super Lawyers list of the New York Metro Area's Top Women for 2020. Fourteen Frankfurt Kurnit attorneys made the list: Wendy Stryker (Employment Law), Victoria Cook, Lisa Davis & Jean Ward (Entertainment Law), Barbara Shiers (Estate Planning & Probate), Catherine Farrelly (Intellectual Property), Kim Maynard & Maura Wogan (Intellectual Property Litigation) Candice Kersh & Terri Seligman (Media and Advertising). Marcie Cleary & Sasha Levites (Entertainment Law), and Rachel Santori (Intellectual Property Law) are listed as "Rising Stars."
Updates to Federal and State Employee Leave and Sick Leave Laws
The ongoing COVID-19 crisis has prompted a number of new federal and state laws related to employee leave and sick leave. This alert will highlight recent changes in federal and New York law. Read more.
California WARN Act Requirements Suspended by Governor
On March 18th, California Governor Newsom, at the urging of the Hollywood Chamber of Commerce, granted some relief to business owners in the state by suspending the requirements of the California WARN Act. Read more.
Are Layoffs and Closures Caused by COVID-19 Exempt from WARN Act Notices?
With the news of the spread of COVID-19 changing faster than any of us can keep up with, one of the many questions facing employers is: What are their obligations to employees if they have to shut down workplaces temporarily, or permanently, as a result of the COVID-19 outbreak. Read more.
Frankfurt Kurnit Law Firm Elects New Partners
January 2, 2020, New York, N.Y. - Frankfurt Kurnit Klein + Selz, PC has elected Kimberly Maynard and Wendy Stryker as partners effective January 1, 2020. They are both based in the firm’s New York office. Read more.
Get Ready for New York Minimum Wage and Exempt Salary Changes
Increases to the New York State minimum hourly wage for non-exempt employees and increases in the minimum salary for exempt administrative and executive employees take effect on December 31, 2019. The required minimum rate and salary depends on the employee’s location and number of employees. Read more.
Thirty-one Frankfurt Kurnit Attorneys Named to Super Lawyers Metro List for 2019
Super Lawyers magazine lists thirty-two Frankfurt Kurnit attorneys in its 2019 NY-area edition. Read more.
New York Readies Dramatic New Harassment Rules – What Are the Changes, and Are You Prepared to Comply?
The New York State Senate and Assembly recently passed a bill adding substantial additional protections for employees. The new law will provide additional protections for employees who allege sexual harassment; remove certain employer defenses; alter non-disclosure agreements; extend the statute of limitations for sexual harassment claims; and make changes to the laws governing sexual harassment policies and training. Read more.
Mandatory Sexual Harassment Training Begins for Certain New York City Employers
April 1, 2019 is an important date for many New York City employers. On that date New York City employers with 15 or more employees (including contractors) who have worked more than 80 hours and at least 90 days in a calendar year, must begin providing mandatory sexual harassment training. Read more.
Are You Ready for New York’s New Anti-Harassment Rules?
Many New York employers are days away from a number of important compliance deadlines relating to the recently enacted New York State anti-sexual harassment laws (a link to our prior alert on these laws is here). We have provided a summary of what covered employers need to do. Read more.
Thirty-three Frankfurt Kurnit Attorneys Named in Super Lawyers Magazine for 2018
Super Lawyers magazine lists thirty-three Frankfurt Kurnit attorneys in its 2018 edition. Read more.
New York State Adds Employment Practices Form to Film Tax Credit Application
In May, we circulated an update about New York State and New York City's new anti-harassment laws and how to comply with them. Read more.
Legal Pitfalls Bedevil Some New #MeToo Policies, Experts Say
Law360 mentions Wendy Stryker in an article about companies strengthening their harassment policies in the wake of the #MeToo movement. Wendy notes anonymous company hotlines have become a popular way to report harassment. (Behind paywall) View Article
How to Comply with New York’s New Anti-Harassment Rules
On April 12, 2018, the New York State Legislature and Governor Andrew Cuomo agreed on new rules for public and private employers aimed at preventing sexual harassment. Read more.
Overtime Rule Hang-Up Requires Careful Communication About Pay Decisions
Federal Court Blocks Overtime Rules and New York Proposes a New Overtime Rule
A federal court in Texas has halted nationwide preparations for the new FLSA overtime rule set to go into effect on December 1, 2016. That rule raised the salary basis required to maintain federal overtime exemptions from $455 per week to $913 per week, and included a mechanism for automatically updating the salary limits every three years. Read more.
Court’s Decision on Overtime Rule Expected Soon
New York City Passes New Law Governing Freelance Workers
There's big news for employers with offices in New York City. Read more.
21 States File Emergency Motion to Bar FLSA Overtime Rule
Hurricane Damage Control: Piecing Together Time Records
Overtime Rule May Result in More Off-the-Clock Work
Thirty-five Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2016
Super Lawyers listed thirty-five Frankfurt Kurnit attorneys in its 2016 edition. Read more.
SXSW Interactive 2016 Must Read Takeaways
Hospitality Industry Will Have to Weigh Options in Wake of Overtime Rule
Wendy Stryker is mentioned in theThe Society for Human Resources Managementarticle, "Hospitality Industry Will Have to Weigh Options in Wake of Overtime Rule".
New Trade Secrets Law Calls for Changes to Handbooks and Certain Employment Agreements
As we noted in an alert last week, the Defend Trade Secrets Act of 2016 ("DTSA") creates a private right of action to sue in federal court for trade secret misappropriation, and provides for remedies including actual damages and attorneys' fees. Read more.
SirusXM Morning Briefing Covers the New Federal Overtime Rules
Wendy Stryker appeared on SiriusXM’s Morning Briefing with Tim Farley, where she discussed the new federal overtime rules and how those rules will affect media, entertainment and hospitality industry businesses. Listen to the six-minute interview here.
Get Ready Now For New Overtime Rules
Important changes to federal overtime rules are right around the corner. Read more.
Get Ready for New Minimum Wage and Family Leave Law Changes in New York
On April 4, 2016, Governor Cuomo signed into law amendments to the New York Labor and Workers' Compensation laws that raised the New York State hourly minimum wage to $15, and provided for paid-family-leave time for most employees. For some New York businesses, the first deadline for compliance is December 31, 2016. Read more.
Year-end Compliance: NYC Requires Certain Employers to Offer Transit Benefits
New York City's Commuter Benefits Law takes effect on January 1, 2016. Under the law, for-profit and nonprofit employers with 20 or more full-time non-union employees working in New York City must offer their full-time employees the opportunity to use pre-tax income to purchase qualified transportation fringe benefits. Read more.
New New York Law Expands Liability for Non-Payment of Wages
Here's some important news for persons owning interests in companies operating in New York that are registered in other states. Read more.
New Legal Rules for Unpaid Internship Programs
Your summer interns have only just arrived - and, as you may have heard, the law governing classification of interns has changed. Read more.
Workplace Protection Remains Biggest Issue Facing Same-Sex Couples
Can You Require Your Employees To Be On Facebook?
Here’s Why Employees Can Trash Their Bosses On Social Media
Can An Employee’s LinkedIn Account Affect Trade Secret Protection?
If your company safeguards its trade secrets but encourages employee social media use, you may want to review the recent California federal court decision in Cellular Accessories for Less, Inc. v. Trinitas LLC. Read more.
10 Job Interview Questions that Could Land You in Legal Trouble
Blouin Files Counterclaim to Ex-employees’ Backpay Suit
NYC Law Now Protects Interns Against Workplace Discrimination
Last week, New York City Mayor Bill de Blasio signed a bill amending the New York City Human Rights Law to provide that interns are now protected from workplace discrimination and harassment. Read more.
Earned Sick Time Act
On Wednesday February 26th, the New York City Council voted 46-to-5 to expand the Earned Sick Time Act that is scheduled to go into effect on April 1, 2014. Under the amended law, all businesses with at least five employees (or one domestic worker) must provide workers with five paid sick days a year. Read more.
Minimum Wage Increases and Reminders of Changes for the New Year for New York Employers
For those employers covered by New York's new Hospitality Wage Order, tip credit rules are also changing effective December 31, 2013. Read more.
Federal Court Says Supervisors May Participate in Tip Sharing
On November 21, 2013, the Second Circuit in New York issued a decision in Barenboim v. Starbucks, interpreting § 196-d of New York's Labor Law, which prohibits an employer, his or her agent or an officer of a corporation from retaining any part of a gratuity. Read more.
Legal Requirements for Working with Child Models
On October 21, New York State passed a new child labor law. This law adds print and runway models under the age of 18 to the definition of "child performers" protected by the New York Labor Law. Read more.
Monitoring Employee E-mails
E-mail can be powerful evidence in a dispute, and whether employers and criminal investigators may use employee e-mail in litigation proceedings is a hot topic. A recent New York federal court decision outlined the current law in this area. Read more.
Hiring: New Law Protects Unemployed Job Applicants
Beginning June 11, 2013, a new New York City law aims to prohibit employers from basing hiring decisions on an applicant's unemployment status. The new law, which amends the New York City Human Rights Law, also bars job advertisements that require applicants to be employed. New York City employers should note the change in the law and take steps to ensure their hiring policies and procedures are in compliance. Here's a summary. Read more.
New I-9 Forms Take Effect May 8
On March 8, 2013, the U.S. Citizenship and Immigration Services published a revised Form I-9 for use in verifying employment eligibility. Read more.
When Do Writers Fall Within the FLSA “Creative” Exemption?
The Fair Labor Standards Act (FLSA) establishes minimum wage and overtime pay standards for employees. How you classify employees under the FLSA is critical: there's a lot of money involved, and a mistake can lead to audits, class action lawsuits, and unnecessary expense. Two recent cases have focused on an especially difficult area of classification law - the so-called "creative professional exemption." It's an area of particular import for owners and managers in creative industries. Read more.
Same-Sex Harassment Claim Will Go to Trial
Plaintiffs alleging sex discrimination in cases of same-sex harassment often have a more difficult row to hoe than plaintiffs complaining of opposite-gender harassment. For example, employers have sometimes been able to dismiss same-sex sexual harassment claims by arguing the offending words or actions did not express actual sexual desire or arise from perceived sexual orientation. But these arguments do not always work, as a New York employer learned this week. Read more.
How to Reduce the Risk of Sexual Harassment in Your Workplace
News that the Republican presidential candidate Herman Cain once settled charges of sexual harassment has once again placed this complicated issue in the public eye. Read more.
Wendy Stryker Featured in CFOZone.com on NLRB Matter
CFOZone.com featured Wendy Stryker in an article about a recently filed complaint by the NLRB against an ambulance company, American Medical Response of Connecticut, which said that the firm illegally fired an employee for comments she made on Facebook.
NLRB Puts Social Media Policies Under Scrutiny
While an innovative social media campaign can be a great boon to business, corporate America is becoming increasingly aware of the inherent dangers of social media as well. In particular, employees' statements about employers on personal Facebook, Twitter and other social media accounts have the potential to cause a company a PR nightmare, or even subject a company to litigation. Read more.
Employee or Independent Contractor: Are You Classifying Employees Correctly?
Employee "misclassification" is in the news and on the radar of law enforcement agencies. As the New York Times recently reported, federal and state officials are increasing their focus on businesses that "misclassify" employees as "independent contractors." Read more.
Anti-SLAPP Ruling Cheers Tenant Advocates
City Limits Weekly quoted Wendy Stryker in an article, "Anti-SLAPP Ruling Cheers Tenant Advocates", about Frankfurt Kurnit client Northwest Bronx Community and Clergy Coalition's victory in a landlord-tenant dispute implicating important first amendment rights.