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The Affordable Care Act and Lactation Breaks
As the nation awaits the Supreme Court’s opinion on the constitutionality of its individual health insurance mandate, some lesser-known provisions of the “Patient Protection & Affordable Care Act”...
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Governor Cuomo Signs Amendment to New York Wage Deduction Law
On September 7, 2012, Governor Cuomo signed a law that will relax some of the stringent prohibitions against wage deductions under New York Law. Beginning on November 6, 2012, the law will now permit...
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New York City Passes Bill Treating the Unemployed as a Protected Class
New York City has amended its Administrative Code to create a new protected class of workers. Beginning in June 2013, the New York City Administrative Code will prohibit discrimination based on an...
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Bon Voyage! Dodd Frank Whistleblower Claim Shipped to Arbitration
In Murray v. UBS Securities, LLC, Judge Failla in the Southern District of New York compelled arbitration of a Dodd-Frank whistleblower retaliation claim, holding that nothing in the anti-retaliation...
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U.S. Census Bureau Down for the Count after Certification Ruling in Criminal...
Last Tuesday, a Magistrate Judge in the United States District Court for the Southern District of New York granted partial class certification in a case where plaintiffs allege that the United States...
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New York City “Bans the Box”—Inquiries Into Applicants’ Criminal Histories...
On June 10, 2015, the New York City Council passed the Fair Chance Act (the “Act”), which prohibits employers from inquiring into the criminal backgrounds of applicants in the initial stages of the...
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New York State Expands Equal Pay Law and Other Workplace Protections for Women
On October 21, 2015, New York State Governor Andrew Cuomo signed a group of eight bills, referred to as the Women’s Equality Agenda, which expand protections for women in the workplace and elsewhere in...
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The Commission Speaks: Guidance for Employers Regarding the New York City...
On June 29, 2015, New York City Mayor Bill de Blasio signed into law the Fair Chance Act (the “Act”), which prohibits employers from inquiring into the criminal backgrounds of certain job applicants in...
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New Year, New Laws: A Summary of Hot Button Employment Laws to Hit the Books...
From coast to coast, as the calendar turned to 2016, a host of new employment laws became effective. States and local government are imposing broad obligations on employers well above what federal law...
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Cross-Border Trends: UK to Follow US Attack on the Gender Pay Gap
Following months of waiting the UK Government has finally published its draft regulations on the new “gender pay gap reporting” requirements in the UK. On publication of the draft regulations, the UK...
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Latest California Equal Pay Legislation Targets Race and Ethnicity
As California employers adjust to recent amendments to the state’s Equal Pay Act, additional changes are looming. As we reported here, last year, California adopted the Fair Pay Act, which provides...
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DOL and EEOC to Make 2016 A Challenging Year for Employers
Members of the Fair Labor Standards Legislation Committee of the American Bar Association’s Section of Labor and Employment Law recently met. The meeting includes employer and employee advocates, as...
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Protection for LGBT Workers on the Rise: EEOC Files First Title VII Lawsuits...
Earlier this month, the EEOC filed its first lawsuits against employers alleging sexual orientation discrimination under Title VII, arguing that Title VII’s protections extend to sexual orientation as...
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New York State and New York City Pass Landmark Employment Legislation: Will...
After agreeing last week on a 2016-17 Executive Budget that includes several key labor and employment provisions, New York State Independent Democratic Caucus Leader Jeffrey Klein declared that “[t]his...
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Cat’s Paw Making New Tracks: Second Circuit Extends Cat’s Paw Principle to...
The “cat’s paw” doctrine, a concept first coined by Seventh Circuit Judge Richard Posner in 1990 and adopted by the Supreme Court in 2011, applies when an employee is subjected to an adverse employment...
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Attention NYC Retail Employers! On-Call Scheduling to End
Effective November 26, 2017, retail employees in New York City will be entitled to advance notice of their scheduled shifts, and the practice of “on-call shifts”–where an employee is required to be...
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New York City: Employment Actions Based On Hairstyle May Be Unlawful Race...
On February 18, 2019, the New York City Commission on Human Rights (NYCCHR) announced new enforcement guidance deeming certain actions taken based on an individual’s hair or hairstyle – whether at...
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Must-See Viewing: NYC Sexual Harassment Video Training Released
The New York City Commission on Human Rights (“NYCCHR”) released its long anticipated model anti-sexual harassment training on April 1, 2019. The City’s model training satisfies all of the training...
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Phase Two of New York Legislative Response to #MeToo: State Passes...
Major changes are in store for New York employers under a new bill passed in the waning hours of the 2019 legislative session. As part of an ongoing, multi-year effort to address sexual harassment and...
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New York City Broadens Employee Anti-Retaliation Protections Under NYCHRL
Not to be outdone by the New York State legislature’s flurry of eleventh-hour lawmaking (which we previously reported on here and here), the New York City Council recently passed an employment bill...
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