Lindsay Ditlow

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Lindsay Ditlow is experienced in all aspects of employment law, including litigation, counselling, and corporate transactions. As a trial lawyer, Lindsay has successfully represented numerous clients in employment litigations, including cases involving claims under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Fair Credit Reporting Act, the Family Medical Leave Act and state leave laws, the Inevitable Disclosure Doctrine, state discrimination and retaliation statutes, the Fair Labor Standards Act, and state wage and hour laws. Read Lindsay Ditlow's full bio.

New York City’s Wage Transparency Law to Take Effect November 1, 2022


By , , and on May 31, 2022
Posted In Employee Benefits, Employment, Executive Compensation, Labor

On January 15, 2022, the New York City Council enacted Local Law 32 of 2022 (Wage Transparency Law or Law) to amend the New York City Human Rights Law (NYCHRL) to require that most employers include compensation data in their job advertisements. The Law was supposed to take effect on May 15, 2022, however, it...

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OSHA Announces Plan to ‘Expand Its Presence’ in Certain Healthcare Facilities Treating COVID-19 Patients


By and on May 26, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

Between March 9, 2022, and June 9, 2022, the US Occupational Safety and Health Administration (OSHA) will “expand its presence” in hospitals and skilled nursing facilities that treat COVID-19 patients and that were previously cited or issued Hazard Alert Letters for alleged COVID-19 violations. OSHA’s stated purpose is to “target[] high-hazard healthcare facilities” to “verify...

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OSHA Reaffirms Arrival of Permanent Healthcare Industry COVID-19 Standard


By , and on Mar 31, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

On March 22, 2022, the US Occupational Safety and Health Administration (OSHA) announced a limited reopening of the rulemaking record for the COVID-19 emergency temporary standard for the healthcare industry, originally published on June 21, 2021 (the Healthcare ETS). OSHA will hold an informal public hearing to gather additional information from healthcare industry stakeholders. With...

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New York State Ends COVID-19 HERO Act Designation


By and on Mar 24, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans

On March 17, 2022, New York State’s Commissioner of Health ended the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to public health under the New York Health and Essential Rights (HERO) Act. As of that date, private sector employers in New York State are no longer required...

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Four Discrimination Questions Employers Have About COVID-19


By on Feb 25, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

As the world enters the third year of the COVID-19 pandemic, employers have gained a greater understanding about the virus’ relationship with US anti-discrimination laws. With the inevitable rise of future variants and long-haul COVID-19 cases, however, businesses are still navigating murky waters. In this Law360 article, McDermott Partner Lindsay Ditlow offers perspective about worker...

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OSHA Hints at Permanent COVID-19 Standard, Withdraws Vax-or-Test ETS


By , and on Jan 27, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans

On January 25, 2022, the US Occupational Safety and Health Administration (OSHA) announced that it would withdraw its controversial “vax-or-test” Emergency Temporary Standard (ETS), which required large employers to impose vaccination or testing requirements upon their employees. The withdrawal will be effective as soon as the announcement is published in the Federal Register, which is...

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Supreme Court OKs CMS Vaccine Mandate but Blocks OSHA Rule


By , , , and on Jan 18, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

On January 13, 2022, the Supreme Court of the United States released two emergency opinions that change the landscape of the three federal vaccine rules. In summary: A 5-4 Court majority let the Centers for Medicare & Medicaid Services (CMS) enforce its vaccine mandate nationwide, impacting specified healthcare facilities. A 6-3 majority blocked the US...

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New York City Unveils COVID-19 Vaccine Mandate Details


By , , and on Dec 17, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

On December 13, 2021, the Commissioner of the New York City Department of Health and Mental Hygiene (DOHMH), Dr. Dave A. Chokshi, published an order (the Order) requiring private employers to impose COVID-19 vaccine mandates upon all in-person employees within New York City, with limited exceptions, as of December 27, 2021. DOHMH provided a series...

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NYC Announces Vaccine Mandate for All Employers Effective December 27, 2021


By , , and on Dec 14, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans

On December 6, 2021, New York City Mayor Bill de Blasio announced that all New York City employers, regardless of size, will be required to impose COVID-19 vaccination mandates on all employees (subject to legally protected exemptions) by December 27, 2021. This new vaccine requirement is in addition to the City’s existing COVID-19 vaccination mandate...

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Deadline for NY Employers: Workplace Safety Plan Due October 6, 2021


By , and on Sep 17, 2021
Posted In Employment

On September 6, 2021, New York Governor Kathy Hochul designated COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health” under the New York Health and Essential Rights (HERO) Act. This designation means that all New York employers must activate the workplace safety plans that they developed...

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