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Is the EEOC Rushing Your Company to Court? SCOTUS Says Not So Fast

The U. S. Supreme Court unanimously ruled on April 29 that courts can review whether the EEOC has satisfied its obligation under Title VII to conciliate before running to court. Title VII dictates that when the EEOC believes...more

New York City Council Passes Ground-Breaking Legislation Limiting the Use of Credit Checks in Employment

On April 16, 2015, the New York City Council, by a vote of 47-3, approved legislation that would prohibit the use of credit checks in employment decisions except in limited circumstances. The bill, which is expected to be...more

Airline Tragedy Prompts Renewed Discussion on Employment Inquiries into Mental Health

As the world reels in the wake of last month’s shocking crash of Germanwings Flight 9525 in France, many are questioning what, if anything, the airline should—or could—have done to prevent the tragedy. These questions...more

SEC Makes Good on Its Promise to “Un-Muzzle” Employees from Cooperating in SEC Investigations

In a much-anticipated move, the SEC on April 1, 2015 commenced a cease-and-desist action against KBR (formerly Kellogg Brown & Root) alleging its confidentiality agreements violated Dodd-Frank’s whistleblower regulations. KBR...more

In the Nick of Time: Governor Cuomo Approves Repeal of Annual Wage Notices

As employers in New York were gearing up for distribution of the annual wage notices in January 2015, Governor Andrew Cuomo finally signed the amendment to New York’s Wage Theft Prevention Act that was passed by the...more

The Next Frontier in ADA Litigation: Website and App Access for the Disabled

For the last several years, consumers have increasingly turned to online shopping as an alternative to traditional "brick and mortar" stores. Some reports showed that "Cyber Monday" sales figures beat out those for "Black...more

San Francisco Enacts Broad Protections for Employees of “Formula Retail” Establishments

On December 5, 2014, San Francisco enacted two ordinances, dubbed the “San Francisco Retail Workers’ Bill of Rights,” that will extend benefits to part-time retail and food service employees and require certain employers to...more

12/17/2014

NLRB Reverses Course on Employer Email, Creating Presumptive Right of Employees to Use Work Email Systems for Union Organizing

In a game-changing 3-2 decision on December 11, the National Labor Relations Board (NLRB or Board) overruled its 2007 Register Guard decision, which upheld the right of employers to limit employee access to company email...more

The Split Deepens: New York District Court Holds Internal Reporting Not Protected Under Dodd-Frank

In Berman V. Neo@Ogilvy LLC, 1:14-cv-523 (Dec. 4, 2014), Judge Gregory Woods of the Southern District of New York dismissed a Dodd-Frank whistleblower retaliation claim on the ground that internal reporting is not protected...more

Third Circuit Issues First Appellate Decision Compelling Arbitration of Dodd-Frank Whistleblower Claim

In Khazin v. TD Ameritrade, No. 14-1689, 2014 WL 6871393 (3rd Cir. Dec. 8, 2014), the Third Circuit affirmed a lower court’s decision compelling arbitration of a Dodd-Frank whistleblower retaliation claim. This is the first...more

U.S. Department of Labor Advances Regulatory Agenda with Final Rule Barring Federal Contractors from Discriminating against LGBT...

On December 3, 2014, the U.S. Department of Labor (DOL) released its final rule barring federal contractors from discriminating on the basis of sexual orientation and gender identity. The final rule implements an Executive...more

EEOC Gets Schooled: Court Expels Challenge to College’s Separation Agreements

For the second time in less than two months, a federal district court judge has dismissed a U.S. Equal Employment Opportunity Commission (EEOC) challenge to an employer’s separation agreement due to the agency’s failure to...more

Global Employers: How Are You Managing Workplace Concerns About Ebola?

While the world moves quickly to contain the Ebola virus, businesses across the globe are scrambling to figure out how best to manage workplace concerns and protect their employees. But as employers develop their Ebola...more

EEOC Won’t Get its Prescription Filled at CVS: Case Challenging its Releases Granted Summary Judgment

On October 7th, a federal district judge granted summary judgment against the U.S. Equal Employment Opportunity Commission (EEOC) in its lawsuit against CVS. The EEOC had challenged the nation’s largest integrated provider of...more

An Attorney is an Attorney is an Attorney? Not So Fast, Says Second Circuit, Shutting Down EEOC Equal Pay Act Claim

The EEOC suffered another fatal blow to its systemic discrimination initiative on Monday when the Second Circuit held that the Commission’s Equal Pay Act (EPA) complaint against the New York Port Authority was too barebones...more

It Might be Mechanical, But It’s Exempt: Court Dismisses Temp Document Reviewing Attorneys’ Overtime Collective Action

A district court in New York dismissed the putative collective action filed by a contract attorney who performed document review for Skadden, Arps, Slate, Meagher and Flom LLP (“Skadden”) for fifteen months. See Lola v....more

To Your Health: California Enacts Broad Sick Leave Law

On September 10, 2014, Governor Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014 (AB 1522), making California only the second state to require paid sick leave. In a press release, the Governor’s...more

Obama Executive Order Places New Burdens and Restrictions on Federal Contractors

In an unwelcome, mid-summer surprise for the business community, President Obama signed the Fair Pay and Safe Workplaces Executive Order on Thursday July 31, 2014 requiring federal contractors to report violations of federal...more

A 40 Hour per Week Volunteer? Second Circuit Says Yes

For forty hours, five days a week, for three years, Jayquan Brown provided services to New York City Department of Education’s Banana Kelly High School. Brown, who was a graduate of the school, was unable to secure a paid job...more

Home Sweet Home: 6th Circuit Rules that Showing up for Work is not Required

Changes in telecommuting practices may be around the corner for many employers, as the recent 2-1 decision in EEOC v. Ford Motor Co., 2014 FED App. 0082P (6th Cir. 2014) may usher in significant changes in what constitutes a...more

Babysitters at the Gate: The Supreme Court’s Radical Expansion of SOX’s Whistleblower Protections

Yesterday, in Lawson v. FMR LLC, a divided U.S. Supreme Court decided its first case addressing the whistleblower protections of the Sarbanes-Oxley Act (SOX). The question before the Court: do those protections extend only to...more

Off the Playground, Out of the Locker Room, and into the Office: How to Combat Workplace Bullies

The Miami Dolphins recently have come under intense scrutiny amid allegations that coaches encouraged defensive guard Richie Icognito to bully teammate Jonathan Martin in an effort to “toughen” him up. The alleged bullying...more

ENDA Prevails in the Senate, but Will it End in the House?

On November 7, 2013, the U.S. Senate passed the Employment Non-Discrimination Act (“ENDA”), legislation that would prohibit workplace discrimination based on sexual orientation or gender identity. The ban would join similar...more

Better Late Than Never: The New York State Department of Labor Finally Issues Regulations on Permissible Wage Deductions

Almost one year after the New York Labor Law was amended to expand the scope of permissible wage deductions, on October 9, 2013, the New York Department of Labor has finally issued regulations that allow employers to take...more

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