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 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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New York State Department of Labor Publishes Standard for Prevention of Airborne Infectious Diseases


By and on Jul 15, 2021
Posted In Employment, Health and Welfare Plans

On July 6, 2021, the New York State Department of Labor (NYSDOL) published its Airborne Infectious Disease Exposure Prevention Standard (Standard), as required under the New York Health and Essential Rights (HERO) Act. Under the Standard, employers with worksites located in New York are required to either adopt the NYSDOL’s model exposure prevention plan or...

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Global Employment Law Update


By , and on Jun 30, 2021
Posted In Benefit Controversies, Employee Benefits, Employment, Fiduciary and Investment Issues, Health and Welfare Plans, Labor, Privacy and Data Security, Retirement Plans

Employment law continues to evolve, and it can be a challenge amid an ever-changing landscape of local employment laws for human resources executives and employment counsel at multinational businesses to maintain a consistent global corporate culture. McDermott’s Global Employment Law Update brings you the key highlights from across Asia, Africa, Europe, Latin and North America....

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Employers Should Prepare for New York’s Most Stringent Workplace Safety Law


By and on May 19, 2021
Posted In Employee Benefits, Employment, Labor

On May 5, 2021, New York Governor Andrew Cuomo signed into law the New York Health and Essential Rights (HERO) Act, which imposes stringent new workplace safety requirements for all employers in New York. The law is expected to take effect on June 4, 2021. Access the article.

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