Tag Archives: Employment & Labor (U.S.)

Transgender at Work: How Employers Can Stay Off the EEOC Radar Screen

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

EEOC v. Abercrombie & Fitch: Do You Need to Ask Applicants Whether They Require Religious Accommodation?

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

BREAKING: NYC “Bans the Box,” Barring Most Pre-Employment Criminal Inquiries

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

Employers Must Use New FMLA Forms from U.S. Dept of Labor

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

New York Employment Roundup: May 2015

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

Virginia Restricts an Employer’s Ability to Require Access to Employees’ Social Media Accounts

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

Arrival of Intern Season Means Prep Work For Employers is Key

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

New York Employment Roundup: March & April 2015

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

Breaking: NYC Council Bars Most Pre-Employment Credit Checks

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

Is Your Social Media Influencer or Blogger an Employee or an Independent Contractor? What Companies Need To Know Before They Engage Bloggers and Other Independent Contractors

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

It May Not be a Matter of ‘If,’ but ‘When’ for Private Employers in the Commonwealth — Virginia ‘Bans the Box’ for Many State Employment Applications

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

Sickness absence management – employee rights, risks and recommendations

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

Webinar: Philadelphia’s New Paid Sick Leave Law

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

New York Employment Roundup: February 2015

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of new 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 February 2015: Likely Rise in Pre-Tip Minimum Wage for Tipped Workers … Continue Reading

Reminder for New Jersey Employers: Statewide ‘Ban the Box’ Law Takes Effect March 1

As previously reported, New Jersey’s version of the “ban the box” law, entitled “Opportunity to Compete Act” (the Act), goes into effect March 1, 2015. The Act limits covered employers’ ability to inquire into a job applicant’s criminal record. In less than a week, public and private employers that have 15 or more employees hired … Continue Reading

Reminder for N.Y. Employers: Significant Labor Law Amendments Take Effect February 27

As we previously reported, the New York State Legislature last June passed a Bill, intended to revitalize the Wage Theft Prevention Act (WTPA), that proposed significant changes to the state’s labor laws. Among other things, the Bill eliminated the requirement that employers furnish annual wage notices to employees between January 1 and February 1. On … Continue Reading

Roses Are Red, Violets Are Blue, I’m Prepared to Deal with Office Romances, How ‘Bout You?

This article was posted by Cindy Schmitt Minniti, Mark S. Goldstein, and Michael R. Kleinmann. Valentine’s Day is a day of love and romance for many, often times between co-workers. For employers, it provides a fitting opportunity to re-examine workplace romance and sexual harassment policies. Indeed, there is no better time to ensure sure that … Continue Reading

No Union, No Worries? Reed Smith To Present Teleseminar Feb. 17

The NLRB’s recent actions have changed the labor landscape for non-union employers. The Board’s “quickie” election rule, set to go into effect April 14, 2015, will dramatically shrink the period of time employers have to respond to union organizing. And as a result of the NLRB’s recent decision in Purple Communications, employees may now usurp … Continue Reading

N.Y. Wage Board Recommends Minimum Wage Increase for Tipped Workers

This post was written by Cindy S. Minniti and Mark S. Goldstein. On January 30, the wage board convened by Gov. Andrew Cuomo to examine the state’s current tip credit structure recommended that the state increase the pre-tip minimum wage to $7.50/hour for all tipped workers. The board recommended that the increase take effect on … Continue Reading

New York Employment Roundup: January 2015

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 new legislation and judicial opinions. To keep our readers current on the latest happenings, we will share regular summaries of recent developments affecting Empire State employers. Here’s what happened … Continue Reading

An Introduction to Global Reductions in Force – Reed Smith To Present Teleseminar on January 29

Reductions in force – also known as collective redundancies – can be daunting for employers, both in dealing with employee issues and protecting the company from liability. On Thursday, 29 January 2015, my partners and I will present a primer on what employers need to know about redundancies in four key jurisdictions: the UK, France, … Continue Reading

NY Governor Again Seeks to Raise Minimum Wage

In early 2013, New York Governor Andrew Cuomo signed a bill that incrementally increased the state’s minimum wage from $7.25 per hour to $9 between December 31, 2013, and December 31, 2015. Less than two years later, the governor has unveiled a new proposal to further increase the state’s minimum wage. Indeed, just weeks after … Continue Reading
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