Tracey I. Levy Attorney

First Admitted: 1995, New York

Professional Webpage: https://www.levyemploymentlaw.com/about-us/

Bar/Professional Activity:

Member, Labor and Employment Law Committee, NYS Bar Association
Member, NYC Bar Association
Member, Westchester County Bar Association
Legislative Co-Chair, Westchester Human Resource Management Association
Member, Labor and Employment Law Committee, American Bar Association
Society for Human Resource Management

Pro bono/Community Service:

Pro Bono Partnership - volunteer attorney helping local not-for-profit organizations with employment law advice, counseling, policy reviews and training., 2021

Honors/Awards:

Selected by the Pro Bono Partnership as one of their Volunteers of the Year based on our provision of employment law services through the organization to not-for-profit clients. https://www.probonopartner.org/attorneys-volunteers/volunteer-recognition/volunteers-of-year/, Volunteer of the Year, Pro Bono Partnership, 2020
Super Lawyers for the New York Metro Area, 2016 - Present

Educational Background:

Yale Law School, L.L.M., Employment and Labor Law
Union College, B.A., magna cum laude, Political Science

Scholarly Lectures/Writings:

Author, Collective Bargaining in the Elite Professions Doctors' Application of the Labor Law Model to Negotiations with Health Care Providers, U. Fla J. L & Pub. Pol'y, Summer 2002
Author, Legal Obligations and Workplace Implications for Institutions of Higher Education Accommodating Learning Disabled Students, 30 J. Law & Educ. 85, 2001

Firm News (Newsletters):

Pay transparency predominates in New York, while employer speech is being regulated in Connecticut. Recent New Jersey court decisions have addressed employee speech, and the Supreme Court has ruled on waiver of arbitration and federal contractors’ damages liability under anti-discrimination laws. Also covered is the most recent EEOC guidance on hiring practices., Takeaways, Summer 2022
Sexual harassment prevention laws are again proliferating at the federal and New York State level, while federal agencies are enhancing enforcement of employee protections and New Jersey has added some new limits on employment at-will and enhanced employee privacy protections. Our quarterly pandemic response guide updates employers on mandates that have abated, new government guidance, and new compliance obligations., Takeaways, Spring 2022
Featuring:• NYS Governor acts swiftly on wide range of new employment laws;• COVID-19 employer compliance – what to keep in mind now;• Wage-related changes at federal, Connecticut, New Jersey, New York State and New York City levels; and more., Takeaways, Winter 2021-22
Pressing concerns remain in complying with COVID-19 obligations, and we have a helpful table of current vaccination requirements impacting employers in the tri-state New York area. Also covered are the latest tweaks that state legislatures and government agencies are making to the equal employment opportunity and wage and hour laws, and the Biden administration’s roll back of employment law changes to maximize employee protections., Takeaways, Fall 2021
Summer 2021 has brought New York mandating employers plan for the next pandemic; New Jersey cracking down on wage law violations; and Connecticut passing four significant new employment mandates on cannabis use, nursing mothers, pay equity and voting, while employer obligations in response to COVID are now dictated at the federal level., Takeaways, Summer 2021
New employment law developments from first quarter of 2021 covered in this issue include continuing legal changes related to COVID-19 protections, the legalization of recreational marijuana in New Jersey and New York, a $15 minimum wage for federal contractors, protections for employee hairstyles, and a spate of court decisions on pregnancy accommodation, medical marijuana, executive liability and arbitration., Takeaways, Spring 2021
Coverage includes: expansive protections of New York City job applicants and employees based on criminal history; radical change in the employment relationship for fast food workers in New York City; the most current minimum wage rates for New York, New Jersey and Connecticut; the latest federal guidance on vaccinations, testing and workplace protections related to COVID-19 as well as modified workplace posting standards; a New York State law change on WARN Act notices and new interpretation of COVID-19 leave requirements; and recent appellate court decisions on wage and hour issues in New York and New Jersey., Takeaways, Winter 2021
Capturing the latest pandemic-related employer requirements, as well as new paid sick leave, federal guidance on accommodations, mandates for federal contractors, and court decisions striking recent U.S. DOL regulations and enforcing NJ arbitration agreements., Takeaways, Fall 2020
Landmark Supreme Court decision on sex discrimination; composite of latest employer-related pandemic guidance from DOL, OSHA, CDC and EEOC; plus new regulatory requirements at the state and local levels and new Suffolk County ban the box law., Takeaways, Summer 2020
Covering:• Changes to NYS paid leave laws;• NJ’s continued expansion of employee protections;• Recent high court decisions on worker classification, legal standards for discrimination claims, and accommodation for medical marijuana usage;• Special COVID-19 Compendium for Employers, Takeaways, Spring 2020
Covering: Major changes to New Jersey laws on worker classification, wage payment and employee rights; Expanding employee protections in New York; Loosening of some federal law mandates and imposition of others; Plus more at the local, state and federal levels, Takeaways, Winter 2019/20
The expansion of discrimination law protections continues across the tri-state to cover even more employers, and further include protections for appearance standards, immigrants, victims of domestic violence and civil air patrol members. In addition, there are wage law changes at the federal level and for New Jersey employers, plus this issue covers key court and NLRB decisions impacting even non-unionized employers., Takeaways, Fall 2019
An unprecedented range of employment law changes have occurred in the past quarter, significantly impacting employers in every part of the tri-state area. They include harassment prevention, expanded FMLA and minimum wage changes in Connecticut; salary history ban, enhanced discrimination and equal pay protections and greater voting leave in New York; and protections for medical marijuana users and a likely salary history ban in New Jersey. In addition, this issue covers new legal changes in New York City and Westchester County, federal administrative agency opinions on gig workers, the U.S. Supreme Court’s decisions on EEOC charge filing and compelling arbitration, as well as state court decisions and more., Takeaways, Summer 2019
New Jersey has rapidly adopted more employee-friendly laws related to leaves of absence, legal remedies for claims of harassment, discrimination and retaliation, and the minimum wage. In New York City, there is new guidance on the mandatory sexual harassment training, and on gender and race discrimination and lactation accommodations. Westchester County is continuing to enhance employee protections, and recent court decisions address wage payments, disability-based harassment, and employee privacy., Takeaways, Spring 2019
In response to continued expansion of sick leave laws, this issue includes an In-Depth Analysis of the Connecticut, New York City, Westchester County (yes, it’s new), and New Jersey laws as a reference for employers formulating compliant policies and procedures. Also covered in this issue are further New York City protections for employees, including expanded lactation room and policy requirements, as well as changes in New York State and Connecticut law, the Supreme Court’s recent decision on the ADEA, and New Jersey court decisions on medical marijuana and arbitration agreements., Takewaways, Winter 2018/19
NYS employers must now comply with sexual harassment prevention policy and training mandates, following the state’s release of guidance and model documents; employers face new or updated postings and notices, and court decisions address issues with gig economy workers, damage waiver clauses and medical marijuana usage., Takeaways, Fall 2018
NYS mandates annual sexual harassment prevention training and updated policies, imposes new employer obligations to prevent harassment of non-employees; NYC adds procedural requirements for employers with regard to employee schedule change and accommodation requests; NJ requires accommodations for nursing mothers and expands equal pay protections; U.S. Supreme Court denies Dodd-Frank whistleblower protection to those who complaint internally; and the Second Circuit holds that sexual orientation is a form of sex discrimination under Title VII., Takeaways, Spring 2018
Provisions in the new federal tax law should impact employment decisions; NLRB reverses course on handbooks, joint employers, and union-related issues; state wage rates increase again; NYC expands paid sick leave; restrictions on hiring inquiries are broadened; and the New York Court of Appeals interprets two provisions of the New York City Human Rights Law., Takeaways, Winter 2018
NYC responds to #MeToo with new employer mandates, NJ finally passes state-wide Sick and Safe Leave, Connecticut and Westchester County preclude pay history inquiries, the NLRB offers relief on employee handbook policies, and the U.S. Supreme Court speaks to class action waivers and FLSA exemptions., Takeaways, Summer 2018
NYC rules restrict hiring inquiries, NYS Paid Family Leave forms, pivoting at the federal government level, and court cases make it easier for employees to prevail on FMLA retaliation claims, caution employers on overly broad confidentiality and arbitration clauses and the roll-out of new arbitration policies, and address overtime for Connecticut retail employees and employment rights of medical marijuana users., Takeways, Fall 2017
New York City issues new laws regulating work schedules for retailers and fast food industry; status update on New York State Paid Family Leave Law; Connecticut enhances protection against pregnancy discrimination; federal government continues to retrench on worker protections; coverage of the latest Supreme Court and Second Circuit decisions., Takeaways, Summer 2017
New York State is countering the scaleback of wage reporting and paycheck transparency obligations for federal contractors with greater pay transparency and reporting for its state contractors and for all New York employers. Federal contractors must now satisfy annual data privacy training requirements, and OSHA has issued new guidance on preventing retaliation against whistleblowers. Also covered is the Connecticut Supreme Court’s recent clarification of the test for identifying independent contractors., Takeaways, Spring 2017
Compensation issues predominate, including the last minute halt on the salary thresholds for the white collar exemptions, the first-of-its-kind Freelance Work Isn’t Free Act, new minimum wage laws, and pay data reporting for EEO-1 submissions. Plus a federal district court decision recognizes sexual orientation discrimination as a form of sex discrimination protected under Title VII., Takeaways, Winter 2016
EEOC updates Retaliation Guidance; new federal regulations impact government contractors; SEC cracks down on terms of severance agreements; Connecticut laws limit non-competes and ban the box on criminal history; New York regulates pay via direct deposit or debit cards; New York City rules on bathroom designations and union neutrality, and state courts address marital status discrimination, retaliation liability and marijuana use at work., Takeaways, Fall 2016
Federal government adds trade secret protection and doubles the salary threshold for exemption from overtime eligibility; additional regulations and guidance expand federal contractor obligations to prevent sex discrimination (very broadly defined), require new practices on reporting and preventing workplace injuries, and clarify disability accommodations through leaves of absence. New York State adds paid family leave and raises the minimum wage, while New York City amends its Human Rights Law, and new court decisions set the time clock for constructive discharge claims and find an HR Director can be personally liable under the FMLA., Takeaways, Summer 2016
New York City protects employees with any caregiver responsibilities, while federal, state and city government agencies expand employee rights in interpreting joint-employment status, interpreting paid sick leave and ban-the-box laws, and eliminating gender distinctions in business policies and practices. Also covered are recent NLRB and Second Circuit decisions. Life’s Lessons column highlights the reasons for all employers to update their employee handbooks and conduct workplace training on a more frequent basis., Takeaways, Spring 2016
Wage law changes predominate with new state and local laws to enforce payment obligations, as well as new court and federal administrative agency decisions on wage issues; plus discrimination protections are further expanded, NYC limits criminal history checks and federal agencies issue new pronouncements. Life’s Lessons turns to reasonable accommodation obligations and reinstatement of the poor performer returning from medical leave., Takeaways, Fall 2015
U.S. Supreme Court expands pregnancy protections, addresses religious practice and limits EEOC authority; employee privacy rights enhanced by new Connecticut law on personal online activity and New York City law on credit checks. Life’s Lessons column considers how to handle a reasonable accommodation request from a top performer., Takeaways, Summer 2015
Updates on new US DOL regulations and NLRB action, new NYS and NYC laws modifying notice obligations and adding a new category of job-protected leave, and notable US Supreme Court and NJ high court decisions. Plus Life’s Lessons column reviews four top HR audit items., Takeaways, Spring 2015
New York State expands gender-related protections with many new laws, Second Circuit rules on whistleblower protection and Facebook likes as protected activity, New York and OFCCP limit pay secrecy, and New Jersey municipalities broaden paid sick leave entitlements. Life’s Lessons column considers the carrots and sticks of employee retention in an employment-at-will context., Takeaways, Winter 2015
New Jersey Ban the Box law, New York legalizes medical marijuana, Connecticut amends paid sick leave law, EEOC guidance on pregnancy accommodation, new Executive Orders impact federal contractors, and important employment decisions from the U.S. Supreme Court, New Jersey Appellate Division…, Takeaways, Fall 2014
Paid sick leave laws proliferate in New Jersey, New York City updates rules on sick leave policies, minimum wage increases for tri-state area take effect with new year, and this issue offers an in-depth analysis on conducting a lawful background check, Takeaways, Winter 2014

Industry Groups:

Consulting
Financial Services
Media
Not-for-Profits (public service
Other
Technology
universities and arts)

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