Insights

“Mamdani’s Win May Energize Sluggish NYC Anti-Bias Agency,” Employment Law Authority (November 5, 2025)

“Eight Argument Sessions Bias Attorneys Should Watch in March,” Employment Law Authority (March 5, 2025)

“Four Pitfalls Employers Face When They Wean Off Remote Workers, Employment Law Authority (January 24, 2025)

“DEI Attacks, Hybrid Work, Paid Leave:  2024’s Workplace Shifts,” Employment Law Authority (December 14, 2024)

“Three Tips for Addressing Post-Election Workplace Friction,” Employment Law Authority (November 13, 2024)

“Four Discrimination Cases to Watch in 2nd Half of 2024,” Employment Law Authority (June 20, 2024)

“Dos and Don’ts for Accommodating Religious Dress at Work,” Employment Law Authority (May 14, 2024)

“Four Ways Employers Can Shield Teen Workers From Harassment,” Employment Law Authority (February 20, 2024)

“Five Tips to Keep Political Conflict in Check as Elections Heat Up,” Employment Law Authority (February 6, 2024)

“Justice O’Connor’s Lasting Impact on Sex Harassment Law,” Employment Law Authority (December 4, 2024)

“Three Lessons After Ariz. Gov. Aide’s Tweet Spurs Resignation,” Employment Law Authority (April 3, 2023)

“Alcoholism at Work Poses Legal Minefield for Employers,” Employment Law Authority (November 28, 2022)

“Four Discrimination Cases The High Court Could Take Up,” Employment Law Authority (September 29, 2022)

“Resuming Business Travel May Cause Legal Turbulence,” Employment Law Authority (March 25 2022)

“Pro-Putin Workers May Pose Conundrum for Employers,” Employment Law Authority (March 9, 2022)

“NFL Race Bias Suit Shows A Good Playbook Isn’t Enough,” Employment Authority (February 3, 2022)

“Complying with the Heightened Waiver Requirements Under the Older Workers Benefit Protection Act,” LexisNexis Labor and Employment Practice Advisor

“DOJ Probing Sex Harassment Claims Against Ex-Gov. Cuomo,” Employment Law360 (December 3, 2021)

“Four Employment Cases the Justices Could Take Up Next Term,” Employment Law360 (September 24, 2021)

“Cuomo Sexual Misconduct Report A Road Map For Lawsuits,” Employment Law360 (August 3, 2021)

“Gov’t Vaccine Mandates Pave Way For Private Sector Policies,” Employment Law360 (July 27, 2021)

“Preparing a Census Under OWBPA,” LexisNexis Labor and Employment Practice Advisor

“7th Circ. Church Harassment Ruling Leaves Law Murky,” Employment Law360 (July 15, 2021)

“Understanding, Drafting, and Negotiating Separation Agreements,” LexisNexis Labor and Employment Practice Advisor

“Understanding, Drafting, and Negotiating Employment Agreements,” LexisNexis Labor and Employment Practice Advisor

“Cuomo Harassment Scandal Offers Lessons For Employers,” Employment Authority (March 1, 2021)

“Four Religious Liberty Cases Attorneys Should Watch in 2021,” Employment Law360 (January 1, 2021)

“Landmark LGBTQ Decision Tops 2020’s Biggest Bias Rulings,” Employment Law360 (December 12, 2020)

“What Employers Should Know About New NY Sick Leave Law,” Employment Law360 (September 29, 2020)

“4 Discrimination Cases To Watch As Justices Get Back in Gear,” Employment Law360 (September 8, 2020)

“5 Key Questions After DOL Virus Relief Rule Gets Scaled Back,” Employment Law360 (August 5, 2020)

“Bloomberg’s NDA Shift Sets Stage For Future Policy Fights,” Employment Law360 (February 24, 2020)

“State Of The States: What Employers Should Look For in 2020,” Employment Law360 (January 1, 2020)

“EEOC Jumps On Joint Employer Regulation Bandwagon,” Employment Law360 (November 20, 2019)

“GC Cheat Sheet: The Hottest Corporate News of the Week,” Employment Law360 (August 5, 2019, November 2, 2018, July 27, 2018, and May 4, 2018)

“State Of The States: New Employment Laws So Far in 2019,” Employment Law360, (March 29, 2019)

“State Pot Expansions Shift Spotlight To Workplace Drug Bans,” Employment Law360 (November 21, 2018)

“Dems Stake Out Their Turf With Bill Targeting Epic Systems,” Employment Law360 (October 31, 2018)

“Zero Tolerance In #MeToo Era May Be Perilous For Employers,” Employment Law360 (July 20, 2018)

“High Court To Mull Class Arbitration In Data Breach Suit,” Employment Law360 (May 2, 2018)

“3 Non-Employment High Court Cases For Employers To Watch,” Employment Law360 (April 27, 2018)

“7 Tips For Conducting Year-End Job Performance Evaluations,” Employment Law 360 (November 22, 2017)

“4 Ways GC’s Can Plan For When Employees Say Bad Things,” Employment Law360 (October 10, 2017)

“7 Employment Cases To Watch At The Supreme Court,” Employment Law360 (September 22, 2017)

“5 New Non-Compete Developments Attys Should Know About,” Employment Law360 (August 11, 2017)

“4 Questions Raised By Trump’s Paid Family Leave Proposal,” Employment Law360 (May 23, 2017)

“3 Employer Takeaways From The High Court’s FAA Ruling,” Employment Law360 (May 15, 2017)

“Justices EEOC Subpoena Ruling Ups Ante At Trial Court,” Employment Law360 (April 3, 2017)

“Trump Paid Leave Push Might Fizzle in GOP Congress,” Employment Law360 (March 3, 2017)

“Drafting Separation Agreements For Employers: A Quick Guide,” Employment Law360 (April 12, 2016)

"EEOC’s 2nd Circ. Win Won’t Stop Attacks On Pre-Suit Probes,” Employment Law 360 (September 10, 2015)

“Contractually Shortened Statutes of Limitations for Employee Claims,” Thomson Reuters

“DOL Win In Home Care Case Shows Agency’s Wide Latitude,” Employment Law360 (August, 21, 2015)

“2nd Circ.’s Fox, Hearst Rulings Won’t Kill Intern Wage Suits,” Employment Law360 (July 2, 2015)

“BMW Deal With EEOC Shows Perils Of Broad Criminal Screens,” Employment Law360 (September 9, 2015)

“Wage Suits Hit Record High Amid Focus On Worker Rights,” Employment Law360 (November 25, 2015)

“Overtime Pay Liability,” Employment Law Client Briefing (June 12, 2014)

“Contractually Shortened Statutes of Limitations for Employee Claims,” Thomson Reuters (2014)

“Understanding, Drafting, and Negotiating Separation Agreements,” LexisNexis Labor and Employment Practice Advisor (2014) 

“Preparing a Census Under OWBPA,” LexisNexis Labor and Employment Practice Advisor (2014)

“Complying with the Heightened Waiver Requirements Under the Older Workers Benefit Protection Act,” LexisNexis Labor and Employment Practice Advisor (2014)

“Understanding, Drafting, and Negotiating Employment Agreements,” LexisNexis Labor and Employment Practice Advisor (2014)

“Wage and Hour Threats,” 26th Annual General Counsel Conference (June 4, 2014)

"Employers Who 'Ban The Box' Could Avoid Patchwork of Laws," Employment Law360 (June 10, 2015)

"High Court Closes Defense Loophole in Religious Bias Suit," Employment Law360 (June 1, 2015)

"Why Retailers Are Sweating The DOL's Upcoming OT Changes," Employment Law360 (April 10, 2015) 

“High Court UPS Ruling Means Changes to EEOC Guidance,” Employment Law360 (March 25, 2015)

“2nd Circ. Won’t Use Workers’ Wage Case To Gut Class Actions,” Employment Law360 (February 10, 2015)

“Assault Suit Hurt Faruqi Even Before Verdict,” Employment Law360 (February 5, 2015)

“Obama’s Sick Leave Push Faces Uphill Battle In Congress,” Employment Law360 (January 15, 2015)

“Labor And Employment Cases To Watch In 2015,” Employment Law360 (January 2, 2015)

“High Court May Trump EEOC In UPS Pregnancy Bias Case,” Employment Law360 (November 26, 2014)

“Post-firing Evidence Can Be A Potent Limit On Bias Damages,” Employment Law360 (October 21, 2014)

“Employers’ EEOC Survival Guide,” Employment Law360 (October 21, 2014)

“3rd Circuit Ruling On FMLA Mailings Ups Ante For Employers,” Employment Law360 (August 8, 2014)

“7 Tips For Preparing Your Star Witness,” Employment Law360 (July 31, 2014)

“Amazon Workers’ High Court Case Could Reshape FLSA,” Employment Law360 (March 3, 2014)

“Obama To Direct FLSA Overtime Expansion To Promote Administration’s Wage Agenda,” BNA Daily Labor Report (March 12, 2014)

“7 Tips To Keep Office Romance From Causing Legal Heartache,” Employment Law360 (February 7, 2014)

“Judges Split May Help EEOC Press Abercrombie Hijab Case,” Employment Law360 (February 27, 2014)

“NYC Law Shows Paid Sick Leave Push Picking Up Steam,” Employment Law360 (March 20, 2014)

“Employer Class Waivers On Surer Footing After 11th Circ. Win,” Employment Law360 (March 24, 2014)

“Calif. High Court To Mull Fate Of Employment Class Actions,” Employment Law 360 (April 2, 2014)

“5 Tips For Delivering An Effective Direct-Examination,” Employment Law360 (April 28, 2014)

“5 Tips To Prevent Employee Internet Abuse,” Employment Law360 (June 2, 2014)

“White House To Issue Executive Order Banning LGBT Bias By Government Contractors,” BNA Daily Labor Report (June 16, 2014)

“6th Circ. Hands Employers A Victory On Class Arbitration,” Employment Law360 (November 6, 2013)

“Affordable Care Act: Top 10 Issues For Employers,” Employment Law Client Briefing (October 17, 2013)

“Flaws of the 2-Step FLSA Certification Process,” Employment Law360 (October 18, 2012)

“Fate Of Wage Class Actions In Balance At 2nd Circ.,” Employment Law360 (August 19, 2013)

“2nd Circ. Ruling Gives Employer Class Waivers A Boost,” Employment Law360 (August 9, 2013)

“High Court Isn’t Keen On Class Actions, Latest Term,” Employment Law360 (June 21, 2013)

“AmEx Ruling Looms Large For Wage-And-Hour Litigation,” Employment Law360 (June 20, 2013)

“High Court Ruling Pushes Cos. To Tighten Arbitration Deals,” Employment Law360 (June 10, 2013)

“Flaws of the 2-Step FLSA Certification Process,” Employment Law360 (October 18, 2012)

“A New Headache For Employers: Whistleblower Claims Under the Affordable Care Act,” Client Alert (March 2013)

"Separation and Release Agreements: Material Drafting Points and Risks,” Professional Education Broadcast Network/WebCredenza, Inc. (July 19, 2012)

“Crafting Employment Agreements and Compensation Packages in the New Reality,” Financial Services Employment Law Roundtable (April 19, 2012)

“Employment Agreements,” Professional Education Broadcast Network/WebCredenza, Inc. (March 20, 2012)

“Key Issues in Wage and Hour Law from Coast to Coast,” Wage and Hour Forum (April 5, 2011)

“Marc E. Bernstein Weighs in on Employee Waivers and Releases, Ratification, and the 'Tender Back' Rule," BNA Daily Labor Report (November 5, 2012)

“EEOC Releases Final Regulations Significantly Expanding Coverage under the Americans with Disabilities Act,” Client Alert (March 28, 2011)

“The New Landscape for Arbitration and Class Action Waivers,” Employment Law Roundtable (December 6, 2011)

“EEOC Releases Final Regulations Significantly Expanding Coverage under the Americans with Disabilities Act,” Client Alert (March 28, 2011)

“Navigating Through Timekeeping Policies and Off-the-Clock Litigation,” Wage and Hour Forum (June 22, 2010)