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Pregnancy Protections Under NYC Law – Not Limited to Just “Pregnancy”
As most NYC employers have probably heard by now, in May of this year, New York City released guidance that defines violations of pregnancy protections under the NYC Human Rights Law, and provides...
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Drawing the Line on Leave Policies for Employees With Disabilities
Within the past three months, the U.S. Equal Employment Opportunity Commission (EEOC) has secured nearly $9 million from companies that have committed violations of the Americans with Disabilities Act...
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Pokémon – A Wake-up Call to Employers on the Importance of Electronic Use...
As my 11-year-old begs to borrow my mobile device to catch a Pokémon, I become one more Generation X member unwittingly joining the millions of millennials participating in an augmented reality game....
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Transgender Issues in the Law and in the Workplace
Visibility of transgender persons has been heightened lately. Caitlyn Jenner received an ESPY award for her bravery in discussing trans issues, there are story lines in popular television shows like...
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New Seattle Ordinance Restricts Scheduling Practices
Many of us are familiar with the lyrics of Dolly Parton: “Workin’ 9 to 5, what a way to make a livin’…” A predictable work schedule, however, is not so universal in the retail and food services...
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DOL Mandates Paid Sick Leave for Employees of Federal Contractors
Just a year after President Obama signed Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors, the Department of Labor (DOL) announced its final rule mandating that federal...
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USCIS Publishes Long-Awaited High-Skilled Immigration Rule
The United States Citizenship and Immigration Services (USCIS) has published its long-awaited “High-Skilled Nonimmigrant Workers” regulation today, Nov. 18, 2016. This regulation was proposed on Dec....
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Nationwide Permanent Injunction Bars Implementation of DOL’s “Persuader Rule”
As we explained in our client alert and blog posting on June 30, 2016, a Texas federal court on June 27 enjoined the United States Department of Labor (DOL) from implementing its new interpretation of...
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Texas Judge Halts December 1 Implementation of Department of Labor’s...
Christmas came early for many employers yesterday when, in a stunning turn of events, Judge Amos L. Mazzant III of the Eastern District of Texas issued a nationwide injunction halting the...
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EEOC Issues New Enforcement Guidance On National Origin Discrimination
On Nov. 21, 2016, the United States Equal Employment Opportunity Commission (EEOC) issued updated enforcement guidance on national origin discrimination for the first time in 14 years. Some may...
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Navigating Through the Smoke: The Intersection of Marijuana Legalization and...
Public approval for medical and recreational marijuana is at an all-time high. In November 2016, four states voted to legalize recreational marijuana: California, Nevada, Massachusetts and Maine...
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Trump Names Fast Food CEO As Labor Secretary
President-elect Donald J. Trump on Thursday named Andrew F. Puzder, chief executive of the company that operates the fast food outlets Hardee’s and Carl’s Jr. to be the DOL’s new secretary of labor. As...
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Los Angeles Joins Ban the Box Movement
Los Angeles has become the latest city to ban private employers from asking job applicants about their criminal histories before offering a job. With its Fair Chance Initiative for Hiring, the city...
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New Year, New Minimum Wage (Orders) in New York
As most employers are likely aware, effective Dec. 31, 2016, new minimum wages went into effect in New York. The rates vary for employers, depending on size and location. For those who may have missed...
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Probationary Periods: A Window Worth Closing
Probationary periods are a tool long used to test the viability of job candidates. They can provide a window into an employee’s suitability and qualifications for a position. In an economy that...
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Joint Employment Update: What’s The Status of Browning-Ferris and the NLRB?
In August 2015, the NLRB rewrote the book on joint employment, declaring in the Browning-Ferris case that the right to exercise minimal control, even if not actually exercised, was enough to create a...
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New York Appellate Court Declines to Enforce Noncompetes Against Employees...
A recent decision by the New York Supreme Court, Appellate Division for the First Department, Buchanan Capital Markets, LLC v. DeLucca, 144 A.D.3d 508 (1st Dep’t. 2016), suggests that noncompetition...
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A Shift Toward Employers?
As most employers are now aware, the National Labor Relations Board (NLRB, or the “Board”) in recent years has adopted more restrictive, non-employer-friendly approaches to what it will permit in...
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Employers Will No Longer Be Permitted to Ask About Previous Pay in New York City
On Wednesday, April 12, 2017, the New York City Council passed a law amending the New York City Human Rights Law (NYCHRL) to add a protective class – salary history. The NYCHRL applies to all employers...
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Recent Developments in Transgender Issues
On February 22, 2017, the Trump Administration rescinded the Obama Administration’s guidance related to transgender students’ access to bathrooms and locker room facilities that align with their gender...
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