Archives: Employment & Labor (U.S.)

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Tech industry watchdog challenges AI-driven recruiting practices

As technology continues to rapidly evolve, so do hiring and recruiting practices. A number of start-up companies have emerged in recent years offering employers the ability to use artificial intelligence (AI) to screen job candidates and determine their employability. These AI-driven recruiting practices, such as those that use facial and voice recognition technologies, are touted … Continue Reading

New York state’s reproductive health law necessitates handbook revisions

New York state employers, it’s time to dust off and update your employee handbooks again.  Earlier this month, Governor Andrew Cuomo signed a law that protects employees against discrimination on the basis of their reproductive health decision-making. The law, which mirrors a recent bill passed by New York City lawmakers, also requires that employers in … Continue Reading

Pennsylvania wage rules: Changes on the horizon

Shortly after the U.S. Department of Labor’s new overtime rule was finalized, the Pennsylvania Department of Labor and Industry (L&I) followed suit and finalized its own proposed overtime rule. Regulation 12-106 was set to exceed the new federal rule regarding the minimum salary to be paid to employees who are exempt from overtime. The new … Continue Reading

California extends deadline to file employment claims from one year to three years

Beginning January 1, 2020, an individual’s deadline to exhaust their administrative remedies through advancing a charge of unlawful workplace discrimination, harassment, and retaliation with the California Department of Fair Housing and Employment (DFEH) will be extended from one year to three years. Assembly Bill 9, known as the Stop Harassment and Reporting Extension (SHARE) Act, … Continue Reading

The future is now: Employer use of present-day medical information to predict future disabilities does not violate the ADA

The sci-fi film Minority Report envisions the year 2054, when the U.S. government uses predictive foreknowledge of “precogs” to apprehend criminals before their crimes are ever committed, thereby reducing future harm. More than 15 years after the popular film was made, the Seventh Circuit’s decision in Shell v. Burlington Northern Santa Fe Railway Company arrives … Continue Reading

New data security law has broad implications for New York employers

On October 23, 2019, New York state’s Stop Hacks and Improve Electronic Data Security (SHIELD) Act went into effect. The law broadens the state’s existing breach notification laws and imposes new security obligations for companies doing business in New York, including an expanded focus on how companies handle biometric data. The SHIELD Act also applies … Continue Reading

When do beliefs attract legal protection at work?

An employer is likely to find a wide variety of beliefs held by its employees. We’re all aware that some people hold (and perhaps we share) firm beliefs as regards climate change, and there is certainly a growing trend towards a vegan lifestyle and beliefs. Others may hold beliefs in spiritualism, life after death, and … Continue Reading

German federal labor court gives further clarifications on controversial aspects with regard to vacation entitlements

Under German law, the (mostly mandatory) provisions of the German Federal Vacation Act (Bundesurlaubsgesetz – BUrlG) constitute the basic legal framework for vacation entitlements. The Federal Vacation Act itself has not been changed for years. However, there are still a number of unanswered questions and controversial debates regarding vacation claims in Germany. In 2019, the … Continue Reading

Gov. Newsom signs bill to expand CFRA rights

On October 10, 2019, California Governor Gavin Newsom officially signed a bill expanding protected leave rights under the California Family Rights Act (CFRA) to flight crew employees. We covered this issue in more detail here. The new law will allow flight crew employees to be eligible for CFRA protected leave with certain conditions.… Continue Reading

Maryland clamps down on non-competes

Maryland employers who wish to require their employees to sign a non-competition agreement beware. Effective October 1, 2019, non-competition agreements under Maryland law are valid only if the employee earns more than $15/hour or $31,200 annually. (See SB 328.) For employees who earn equal to or less than that, the agreement will be considered in … Continue Reading

NYC Council amends the New York City Human Rights Law definition of covered employer

New York City’s Human Rights Law (NYCHRL) is one of the broadest anti-discrimination statutes in the country. But does it apply to all Big Apple employers, regardless of size? A recent amendment passed by the City Council clarifies precisely which entities are considered “employers” for purposes of the NYCHRL. In its current incarnation, the NYCHRL … Continue Reading

Supreme Court poised to hear oral arguments in blockbuster LGBTQ+ workplace discrimination cases

On October 8, 2019, the Supreme Court will hear oral arguments in three landmark LGBTQ+ rights cases, which could broaden protections for the LGBTQ+ community by prohibiting employers from discriminating against employees based on their sexual orientation, transgender-status, or gender identity under federal law. Currently, conflicting federal cases and shifts in interpretation and policies at … Continue Reading

New York City’s Commission on Human Rights issues new guidance on immigration status and national origin discrimination

For decades, the New York City Human Rights Law (NYCHRL) has provided protections against discrimination, harassment, and retaliation on the basis of an individual’s actual or perceived immigration status or national origin. However, last week, New York City’s Commission on Human Rights (NYCCHR) issued new guidance (the Guidance) that greatly expands the basis on which … Continue Reading

California legislature passes expansion of CFRA rights for flight crew employees

The California Legislature has recently passed a new bill to expand the California Family Rights Act (CFRA) to flight deck and cabin crew employees (pilots and flight attendants). The new bill conforms California’s CFRA to the federal Family and Medical Leave Act (FMLA) with regard to protected leave. Currently under the CFRA, employees are eligible … Continue Reading

Guarding against sexual harassment in the workplace: a robust policy is only the starting point

One in two women have been sexually harassed at work according to a survey conducted earlier this year by the Trades Union Congress. It is timely, therefore, that last month saw the launch of a specialist legal advice line for women in England and Wales experiencing sexual harassment at work. The advice line, run by … Continue Reading

New Jersey prohibits employers from asking about salary history

A part of the hiring process for many employers involves asking applicants about their prior salary and compensation information. Employers might use this information in deciding whether to make an offer to a particular candidate and the amount of compensation to offer the potential employee. However, beginning January 1, 2020, employers in New Jersey will … Continue Reading

DOL final overtime rule issued with few significant changes from 2019 proposed rule

On September 24, 2019, the U.S. Department of Labor (DOL) published a highly anticipated final rule that updates the salary thresholds necessary to qualify for overtime exemptions – often referred to as the “salary level test” – under the Fair Labor Standards Act (the 2019 Final Rule).[1] This rule will replace the prior final rule … Continue Reading

Eighth Circuit affirms working overtime can be essential job function

Overtime work is essential in many industries. As a result, employers frequently structure job roles to require mandatory overtime. Although mandatory overtime can present difficult questions when an employee has a disability that disqualifies them from working overtime, the Eighth Circuit Court of Appeals, in McNeil v. Union Pac. R.R., No. 18-2333, recently confirmed that … Continue Reading

Fall to bring more than just foliage for New York employers

New York lawmakers had a busy summer overhauling many of the state’s existing workplace laws. Many of the newly enacted changes, as well as others enacted within the past year, become effective in October 2019. Below we will highlight the new laws taking effect in October and discuss measures employers should take to ensure their … Continue Reading

22 years is long enough – German Federal Labour Court rules that fixed-term employment contracts without material reason are permissible

In general, the conclusion of a fixed-term employment contract is permissible if it is justified by a material reason (section 14(1) of the German Act on Part-time and Temporary Work (Teilzeit– und Befristungsgesetz – TzBfG)). Term limitations without a material reason are only permitted for a maximum period of two years (section 14(2)1 of the … Continue Reading

California leads the way in passing landmark legislation to classify gig workers as employees

As we have previously reported here, California Assembly Bill 5 (the bill) is slated to codify the California Supreme Court’s 2018 landmark decision in Dynamex Operations West v. Superior Court of Los Angeles, requiring companies to apply the “ABC” test in classifying their workers. The ABC test requires that workers be considered “employees” instead of … Continue Reading

Is extreme obesity a physical characteristic or a disability?

Imagine you are a human resources professional or in-house employment counsel and you learn that an employee in your organization is seeking a job transfer or other accommodation because with a body weight of almost 600 pounds, he is too overweight to do his present job. What do you do? A recent decision from the … Continue Reading

New York bolsters workplace safeguards for domestic violence victims

Following New York City’s lead, New York state and Westchester County have each enacted laws providing additional workplace protections to victims of domestic violence. In this post, we will discuss these new laws and their impact on your business. New York state: Last month, Governor Cuomo signed legislation amending the state’s antidiscrimination laws with respect … Continue Reading

Fifth Circuit approves day rates for some highly compensated employees

The Fifth Circuit Court of Appeals issued an opinion last week holding for the first time that a “day rate” in excess of $455 paid to a highly compensated employee meets the requirements of the “salary basis” test under the Fair Labor Standards Act (FLSA). Specifically, in Faludi v. U.S. Shale Solutions, No. 17-20808, 2019 … Continue Reading
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