Hofstra Labor & Employment Law Journal

10/01/2026

Off the Clock, Beyond the Test: Cannabis Use and Workplace Impairment in New York

By: Brianna Escobar On March 31, 2021, the New York Legislature passed the Ma*****na Regulation & Taxation Act (hereinafter “MRTA”).[1] Under the MRTA, New York Penal Law § 222.05 provides that using, smoking, and ingesting cannabis or concentrated cannabis for those twenty-one years of age or older are lawful acts unless otherwise prohibited by state law.[2] When it concerns the workplace, the Consolidated Laws of New York provide in § 201-D(2)(c) that it is unlawful for an employer to refuse to employ, discharge, or otherwise discriminate against an individual due to their legal recreational cannabis use....

10/01/2026

WOMAN: noun. Undefined? – Ask the WNBA’s New 409-Page Collective Bargaining Agreement

By: Kaitlyn Menze Tensions have been high throughout the Women’s National Basketball Association (hereinafter “WNBA”) as two men have announced their status as transgender and declared for the upcoming WNBA draft, following Indiana Fever player Sophie Cunningham’s comments regarding transgender athletes in women’s sports.[1] Enes Kanter Freedom and Royce White, both former NBA players turned self-proclaimed political activists, announced their transitions online....

By: Kaitlyn Menze Tensions have been high throughout the Women’s National Basketball Association (hereinafter “WNBA”) as two men have announced their status as transgender and declared for the upco…

03/02/2026

Down But Not Out: Courts Still Granting Injunctions to NLRB Despite Stricter Standards

By: Caleb Rockhill On June 13, 2024, the United States Supreme Court ruled in favor of Starbucks in a union organizing dispute.[1] In Starbucks Corp., the court in an eight-to-one decision ruled that lower courts cannot grant preliminary injunctions to the National Labor Relations Board (hereinafter the “NLRB”) in the highly deferential way they had previously.[2] Now, courts must first consider the four traditional factors required when granting a preliminary injunction....

By: Caleb Rockhill On June 13, 2024, the United States Supreme Court ruled in favor of Starbucks in a union organizing dispute.[1] In Starbucks Corp., the court in an eight-to-one decision ruled t…

02/23/2026

When AI is the Boss, Who Maintains Liability?

By: Jordan Zornberg In a world rooted in human analysis and often plagued by litigation, it is a pressing matter to understand who may be held liable when Artificial Intelligence (hereinafter “AI”) is driving decision-making.[1] The current administration’s executive order, which aimed to reduce government oversight of AI while promoting United States leadership, has increased the need to fully understand the issue of liability....

By: Jordan Zornberg In a world rooted in human analysis and often plagued by litigation, it is a pressing matter to understand who may be held liable when Artificial Intelligence (hereinafter “AI”)…

02/17/2026

Hands Off the Credit Checks: New Limitations on the Hiring Process

By: Joshua McDonald There has been a recent update to New York State Employment Law that will require some companies to modify their hiring practices.[1] On December 19, 2025, the New York State Senate bill S3072[2] was approved.[3] This amendment to the New York State Fair Credit Reporting Act[4] altered what information is available to employers during the hiring process....

By: Joshua McDonald There has been a recent update to New York State Employment Law that will require some companies to modify their hiring practices.[1] On December 19, 2025, the New York State S…

02/17/2026

Tone Policing at Work: When “Disrespectful” Employee Speech Is Still Protected Under the NLRA

By: Jake Scanapico Employers have long sought to regulate workplace discourse through civility rules, codes of conduct, and disciplinary policies to maintain professionalism.[1] In theory, these rules serve legitimate business interests by promoting order and respect.[2] In practice, however, they frequently collide with employee rights under Section 7 of the National Labor Relations Act.[3] Recent decisions by the National Labor Relations Board illustrate that employee speech does not lose statutory protection merely because it is confrontational, profane, or perceived as disrespectful....

By: Jake Scanapico Employers have long sought to regulate workplace discourse through civility rules, codes of conduct, and disciplinary policies to maintain professionalism.[1]  In theory, th…

02/09/2026

Patience: Why Striking Nurses Deserve To Take Their Time

By: Jack Gutman When you think of an essential worker, it is uncontestable that a nurse fits that description.[1] During the notorious coronavirus pandemic of 2020, the work of nurses was revered by Long Island communities and New York City residents.[2] During these unprecedented times, nurses were constantly thrown into dangerous and unforeseen situations.[3] The work nurses do is both physically and mentally draining....

By: Jack Gutman When you think of an essential worker, it is uncontestable that a nurse fits that description.[1]  During the notorious coronavirus pandemic of 2020, the work of nurses was rev…

02/09/2026

The NWSL’s High Impact Player Rule- Making a High Impact Even Before Being in Effect

By: Kate Cimino Trinity Rodman (hereinafter “Rodman”) is a rising star in professional women’s soccer.[1] While only twenty-three years old, she is already a National Women’s Soccer League (hereinafter the “NWSL”) champion, Olympic Gold Medalist, and has received numerous individual accolades.[2] It is no surprise that with her new contract with the NWSL’s Washington Spirit (hereinafter the “Spirit”), Rodman is now one of the highest…...

By: Kate Cimino Trinity Rodman (hereinafter “Rodman”) is a rising star in professional women’s soccer.[1] While only twenty-three years old, she is already a National Women’s Soccer League (herein…

12/09/2025

W-2 or Wiseguy? Worker Classification Lessons from The Sopranos

By: Jonathan Ustaev Tony Soprano never could have imagined his operation would be used to illustrate modern employment law–but there are some questions we need answered.[1] Today we’re going to take a look at his organization and answer: when is someone an employee, and when are they really an independent contractor?[2] This distinction determines a lot for a worker: minimum wage, overtime hours, unemployment benefits, workers’ comp, and other civil protections....

By: Jonathan Ustaev             Tony Soprano never could have imagined his operation would be used to illustrate modern employment law–but the…

12/09/2025

California’s Law Allowing Rideshare Drivers to Unionize: Blueprint for Reform or Fundamental Misstep?

By: Leo Stanger On October 3rd, 2025, California became the second state to grant ride-share and app-based drivers the right to unionize and bargain collectively, despite remaining classified as independent contractors, not employees.[1] In passing Assembly Bill 1340, the State created a new and uniquely protected subcategory of independent contractors for rideshare drivers.[2] The law recognizes that Uber and Lyft drivers enjoy a level of autonomy uncommon among employees....

By: Leo Stanger On October 3rd, 2025, California became the second state to grant ride-share and app-based drivers the right to unionize and bargain collectively, despite remaining classified as in…