Photo of Tracey Diamond

Tracey Diamond counsels clients on workplace issues, provides harassment training, conducts internal investigations, drafts policies and procedures, negotiates employment and severance agreements, advises on independent contractor, FMLA and ADA compliance issues, and partners with clients to structure their workforce in the most efficient and effective way possible.

Q: What is New York’s Adult Survivors Act?

On May 24, New York State enacted the Adult Survivors Act, which provides a one-year “revival window,” commencing on November 24, 2022, for adult victims of sexual abuse. Enactment of such “revival statutes” (a/k/a revival window or lookback period statutes) is the latest trend for #MeToo era legislatures grappling with shifting societal views of limitations periods for sexual abuse claims. Although the parameters of revival statutes can differ, essentially, they provide a limited period, usually at least one year, for sexual abuse victims to file civil claims that would otherwise be time-barred. Often these statutes also include prospective enlargements of civil and criminal limitations periods or otherwise expand the scope of potential liability going forward. In recent years, nearly half of U.S. state legislatures have passed laws opening revival windows for sexual abuse cases.

Continue Reading Widespread “Revival Statutes” Forcing Employers to Take Stock of Past Practices and Prepare for a Barrage of Sexual Misconduct Litigation: New York Becomes the Latest State to Enact Revival Legislation for Adult Victims

In Episode 1 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Evan Gibbs sit down with European Metal Recycling VP of People and Deputy General Counsel Kate Puccio to discuss the hit show Emily in Paris and the lessons learned about national origin based on events from the show. This episode blends pop culture and fashion into a discussion about important and contemporary legal issues in the workplace.

Continue Reading Lessons Learned on National Origin Discrimination from Emily in Paris

What do Emily in ParisSquid GameSeveranceTed Lasso, and Moneyball have in common? Find out by listening and subscribing to our Hiring to Firing Podcast hosted by Tracey Diamond and Evan Gibbs. The pair delve into hot-button labor and employment law issues with unique perspectives drawing on pop culture and hit shows and movies. Stay informed and entertained!
Continue Reading Introduction to Hiring to Firing Podcast

Q. Does the Workers’ Compensation Act bar a claim for damages under Illinois’ Biometric Privacy Act (BIPA)?

A. The Illinois Supreme Court recently issued an opinion, finding that the Workers’ Compensation Act does not bar a claim for damages under BIPA.

Continue Reading Illinois Supreme Court Rules on Workers’ Compensation Act and BIPA

Q: Did the U.S. Supreme Court issue a ruling in the challenge to OSHA’s vaccine and testing emergency temporary standard (ETS) and CMS interim final rule (IFR)?

A: Yes. On January 13, the Court granted the applications for stays of the OSHA ETS. Conversely, the Court granted the federal government’s request to overturn the injunctions that had halted the IFR.
Continue Reading US Supreme Court Issues Rulings in Challenge to OSHA Vaccine and Testing ETS and CMS Interim Final Rule

Q. My company uses dash-cams to monitor driver conduct, but the company is not located in Illinois. Do I still have to comply with the Biometric Information Privacy Act?

A. Yes, as long as the company has drivers who are Illinois residents, you must comply with BIPA. The good news, however, is that as long as your company fully complies with the statute, it can continue to use telematics.

Continue Reading Drivers’ Telematics Violates BIPA

Q: Now that DOL-OSHA announced its COVID-19 vaccine ETS for private-sector workers, what does my company need to do to adhere to the guidelines?

A: On November 4, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced an emergency temporary standard (ETS), containing the anticipated COVID-19 vaccination rule covering private companies with 100 or more employees. The ETS became effective immediately on November 5 upon its publication in the Federal Register. On November 6, the Fifth Circuit Federal Court of Appeals granted an emergency motion to stay enforcement of the ETS effectively nationwide, pending further action by the court, which could come as early as November 9 at 6 p.m. ET. Other challenges to the ETS’s enforcement have been filed in the Eighth, Sixth, and Eleventh circuits thus far.

Continue Reading DOL-OSHA Announces New COVID-19 Vaccine ETS for Private-Sector Workers

Q. Have any court rulings upheld the denial of requests for exemption from the COVID-19 vaccine?

A. Yes. Coming on the heels of President Joe Biden’s plan to require millions of workers to receive COVID-19 vaccinations, many employers either have already implemented or have begun implementing vaccine mandates. As expected, these mandates have triggered some employee pushback, particularly from those requesting an exemption from the vaccine requirement based on a disability or religious belief. While there have not been many published decisions on this issue yet, one recent decision from the Pennsylvania Court of Common Pleas provides guidance to employers in determining whether a request for exemption from a vaccine mandate based on a religious belief must be accommodated.

Continue Reading Pennsylvania State Court Rules That Private Employer May Deny Exemption Request From COVID-19 Vaccination

Q: What do employers need to know about the Biden administration’s new vaccine mandate?

A: Following the Biden administration’s September 9 announcement, employers are brimming with questions about the forthcoming White House COVID-19 vaccination mandate plan. Must all employers mandate the vaccine? Which employees are covered? When will the requirements take effect? What steps should employers take now to prepare? These and many other questions are yet to have complete answers. With the new rules expected to impact as many as 100 million workers (and with them, a significant number of businesses), employers should begin to prepare as soon as possible. Here’s what we know and what employers need to consider.

Continue Reading Biden Administration Announces Vaccination Mandate Rules

Q: Does the ADA apply to internet-only businesses?

A: The U.S. District Court for the Eastern District of New York recently ruled that the Americans With Disabilities Act (ADA) does not apply to websites that maintain no connection to a brick-and-mortar retail location based on a strict construction of the statutory language. Currently, the circuits are split as to the standard to be met for the ADA to apply to a website, and it remains to be seen whether the Second Circuit or other federal district courts will adopt the same rationale to afford a safe harbor for web-only retailers.
Continue Reading NY District Court Rules ADA Does Not Apply to Internet-Only Businesses