Archives: Workplace Laws and Regulations

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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

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

On the eve of Labor Day, a win for business from the NLRB

Today more than ever, U.S. businesses supplement their workforce with independent contractors as a solution to competitive and customer pressures. The use of contractors is entirely legal. But the correct classification of workers as contractors, as opposed to employees, is a complex analysis with frameworks that differ across a variety of governing laws. Employers, therefore, … Continue Reading

Covert recordings at work on the rise in the UK

It is becoming increasingly common for employees to make covert recordings of meetings held with their employer. The reasons behind these recordings vary from a simple desire to keep a record of what is said to attempts to entrap their employer and use the recording against it in court proceedings. The Employment Appeal Tribunal (EAT) … Continue Reading

New York bans religious garb and grooming discrimination

New York lawmakers have been busy this summer. First, in June, they passed a suite of bills significantly expanding the protections afforded by the state’s antidiscrimination law and adding remedies for employees asserting unpaid wage claims. Then in July, they loosened the definition of retaliation under the state’s labor law. They apparently were not done. … Continue Reading

NLRB offers new guidance on mandatory arbitration agreements following last year’s Epic decision

The National Labor Relations Board (the Board) issued a 3–1 decision in Cordúa Restaurants, Inc., 368 NLRB No. 43 (2019), on Wednesday that provides significant new guidance regarding the intersection of arbitration agreements and the National Labor Relations Act (NLRA). The Board’s decision expressly authorizes employers to implement arbitration agreements that include collective waivers in … Continue Reading

Connecticut enacts expansive sexual harassment prevention measures

Connecticut has joined New York, New Jersey, and several other states in adopting measures to combat sexual harassment in the workplace. Effective October 1, 2019, Connecticut employers will have a host of new training, notice, and human resources requirements with which to comply — and will now face new, substantial categories of damages for violations. … Continue Reading

New York Continues Expansion of Worker Wage Protections (Part 2)

This is the second installment of our two-part blog series on recent wage-related changes to New York state law. In part one, we covered the expanded definition of retaliation under the New York Labor Law. Today, we will discuss a bill that permits employees to place wage liens on their employer’s property. Employees in New … Continue Reading

New York Continues Expansion of Worker Wage Protections (Part 1)

The New York state legislature recently passed two bills providing additional protections to employees asserting unpaid wage claims. These changes are the latest in the state’s overhaul of its employment law landscape this summer. As we discussed in previous posts, New York recently enacted limitations on the use of nondisclosure provisions in settlement and separation agreements, new standards for … Continue Reading

New Jersey increases wage protections and penalties for violations

Acting New Jersey Governor Sheila Oliver recently signed into law bill A-2903/S-1790, which includes sweeping changes to New Jersey civil and criminal provisions related to the payment of wages, including increased penalties and fines. A summary of the key provisions of this law is below. First, the law amends the Wage Payment Law, Equal Pay … Continue Reading

UK government consultation: UK to legislate on use of confidentiality (non-disclosure) agreements in the workplace

At the end of 2018, a report from a committee of the UK parliament called on employers and regulators to take a more proactive role in relation to sexual harassment in the workplace, including in relation to the use of confidentiality (non-disclosure) agreements. In its recent response to that inquiry, the government has set out … Continue Reading

Pennsylvania now permits medical marijuana use for anxiety and Tourette Syndrome

On July 20, 2019, Pennsylvania expanded its list of 17 “serious medical conditions” that qualify for medical marijuana usage under the Pennsylvania Medical Marijuana Act (MMA) to now include anxiety and Tourette Syndrome. Previously, the MMA limited access to designated ailments like cancer, multiple sclerosis, post-traumatic stress disorder and inflammatory bowel disease, and terminal illnesses … Continue Reading

New York and California ban discrimination against natural hair

On July 3, California became the first state to pass legislation that bans discrimination based on natural hairstyles. Governor Gavin Newsom signed into law the CROWN Act (Create a Respectful and Open Workplace for Natural Hair). The CROWN Act amends the state’s Government Code and Education Code to define “race or ethnicity” as “inclusive of … Continue Reading

Pittsburgh employers: Immediately review your policies concerning the new Paid Sick Days Act

In 2015, the City of Pittsburgh enacted the Paid Sick Days Act (the “Act”), requiring all private employers of full or part-time employees within the City of Pittsburgh to provide paid sick leave benefits as follows: Employers with 15 or more employees must provide workers with up to 40 hours of paid sick time per … Continue Reading

Positive news for employers wishing to enforce post-termination restrictions

In an eagerly awaited decision, the Supreme Court gave its judgment on the meaning of wording commonly used in non-compete post-termination restrictions and the possibility of severing such wording where it would otherwise render such a restriction unenforceable. Background Ms Tillman was the Joint Global Head of Financial Services of executive search and recruitment firm … Continue Reading
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