The United States District Court of New Jersey recently dismissed an employee’s disability discrimination, failure to accommodate and retaliation claims, holding that neither the New Jersey Law Against Discrimination (LAD) nor the New Jersey Compassionate Use Medical Marijuana Act (CUMMA) required the employer to waive its drug testing requirements. In Cotto v. Ardagh Glass Packing, … Continue Reading
The United States Supreme Court’s decision in Janus v. American Federation of State, County and Municipal Employees (AFSCME) makes clear that agency fee agreements in the public sector are unconstitutional under the First Amendment. Although Janus dealt with government employees, the potential impact on private sector employers also demands careful consideration. The Decision In Janus, … Continue Reading
On July 2, 2015, in Glatt v. Fox Searchlight Pictures, Inc. and a related order, Wang v. The Hearst Corp., the U.S. Court of Appeals for the Second Circuit issued a new test for determining whether interns must be treated and paid just like regular employees. Rejecting the test previously laid out by the U.S. Department … Continue Reading
Regardless of whether you believe the Supreme Court should have decided the issue, last week’s decision on marriage equality has the potential to benefit your business. Because the decision creates a uniform definition of marriage across the country, it may simplify administration of some employee benefits, thus saving corporations time and money. As discussed below, … Continue Reading
Just hours ago, the U.S. Department of Labor (DOL) released its highly anticipated proposed revisions to the Fair Labor Standards Act’s (FLSA) so-called “white collar” exemptions, the first major update to the federal overtime rules in more than a decade. Although the proposed rule more than doubles the pay threshold for exempt employees – from … Continue Reading
Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest developments, we will share regular summaries of recent developments affecting Empire State employers. Here’s what happened in June 2015: Wage Board Recommendations Taking Shape? As we previously … Continue Reading
The California Healthy Workplaces, Healthy Families Act of 2014 (“Healthy Families Act”) is fully effective July 1, 2015, including the significant potential for class-action liability for non-compliance. It is critical that employers ensure that their sick leave policy is current, given the ever-developing legal guidance. We have created a helpful list of common areas of … Continue Reading
The recent hacking attack against the Houston Astros is a wake-up call for all employers: no organization is safe from its adversaries’ attempts to steal proprietary information to gain a leg up in the competition. The infiltration of the Houston Astros’ network reportedly was carried out by employees of the Cardinals – an Astros’ arch … Continue Reading
The changes to employees’ rights to take leave under the California Family Rights Act (CFRA) go into effect July 1, 2015. Your company should be prepared only if it has done the following: Reviewed the changes to the CFRA regulations, which may be found here. Updated your policies and employee handbooks to reflect the legal … Continue Reading
The Colorado Supreme Court issued its highly anticipated decision in Coats v. DISH Network, holding that the recreational use of marijuana is not a lawful activity under Colorado’s Lawful Activities Act (“Act”). The Act prohibits employers from terminating employees for off-hours lawful activities. The court applied the Act broadly, holding that the recreational use of … Continue Reading
This post was also written by Lindsay J. Freid. As our nation’s built-in babysitters close shop for the next three months, the bulk of our nation’s workforce braces for the barrage of new summer stressors, including: the uncertain reliability of teenage babysitters needed to cover 7-8 extra childcare hours per day; the effective imposition of second … Continue Reading
It’s no secret that the EEOC—and even some courts—read Title VII to prohibit discrimination against transgender employees. A growing number of state and city laws also specifically include gender identity and/or expression as protected characteristics. But while employers may understand the legal dangers of firing someone for “coming out” as transgender, the extent of employers’ … Continue Reading
This post was also written by Megan E. Farrell. On June 1, 2015, the United States Supreme Court held that a job applicant can establish religious discrimination under Title VII of the Civil Rights Act of 1964 without proof that the employer had “actual knowledge” of the applicant’s need for an accommodation; instead, the applicant … Continue Reading
Just weeks after prohibiting employers from using credit checks, the New York City Council Wednesday passed yet another bill that handcuffs businesses attempting to vet new job applicants. Most notably, the bill, commonly referred to as the Fair Chance Act (the Act), bars employers from inquiring about a job applicant’s criminal history before extending a conditional offer … Continue Reading
On May 27, the U.S. Department of Labor (DOL) published updated model Family and Medical Leave Act (FMLA) notices and certification forms. Copies of the updated forms, which should be used through May 31, 2018, are available on the DOL’s website. The most notable change to the forms is their reference to the Genetic Information … Continue Reading
This post was written by Cindy S. Minniti and Mark S. Goldstein. Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest developments, we will share regular summaries of recent developments affecting Empire State employers. Here’s what … Continue Reading
This post was written by Gregory J. Sagstetter. Effective July 1, 2015, Virginia will join the growing list of states (including Arkansas, Colorado, Illinois, Louisiana, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oklahoma, Oregon, Rhode Island, Tennessee, Utah, Washington, and Wisconsin) that have enacted legislation restricting the circumstances in which an employer can access … Continue Reading
This post was written by Cindy S. Minniti and Mark S. Goldstein. With summer right around the corner, many high school and college students are preparing to begin unpaid internship programs at companies across the country. Such programs have long been considered a staple for U.S. businesses, as well as a valuable option for students … Continue Reading
This post was written by Cindy S. Minniti and Mark S. Goldstein. Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest developments, we will share regular summaries of recent developments affecting Empire State employers. Here’s what … Continue Reading
This post was written by Cindy S. Minniti and Mark S. Goldstein. New York City employers who routinely use credit checks as part of the pre-employment process may be in for a rude awakening. Earlier today, the NYC Council passed legislation that bars most employers with four or more employees, as well as employment agencies, … Continue Reading
With the first quarter of 2015 behind us, many companies are already deeply engaged in social media campaigns. Many of these campaigns include the engagement of professional bloggers or other persons with social media influence to promote corporate brands through social media. These individuals are typically classified as independent contractors, but are they really employees? … Continue Reading
This post was also written by Gregory J. Sagstetter. On April 3, Virginia Governor Terry McAuliffe issued Executive Order #41, thereby adding Virginia to the growing list of jurisdictions (including California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New Mexico, Rhode Island, Washington, D.C., and more than 100 cities and counties) … Continue Reading
This post was also written by Martin Gätzner. France Under French law, the employment contract of an employee who is on sick leave is suspended. The employee is expected to inform his or her employer and the relevant social security organisations of the sickness absence within 48 hours, and will be entitled to receive social security … Continue Reading
Philadelphia Mayor Michael Nutter recently signed the “Promoting Healthy Families and Workplaces” Ordinance, adding Philadelphia to the growing list of cities and states to require sick leave. The new law, which takes effect May 13, 2015, generally requires employers to provide workers with 40 hours of sick leave each year. On Thursday, April 16 at … Continue Reading
