Employment and Labor Alerts

Examining a wide range of significant developments and evolving trends impacting public and private employers.

Editor: Caroline J. Berdzik

Department of Labor Withdraws Guidance on Joint Employment and Independent Contractor ClassificationJune 9, 2017

New NY Paid Family Leave Proposed Regulations Released May 30, 2017

Future of Direct Deposit and Payroll Debit Card Regulations in QuestionMay 15, 2017

Contracts Now Required for NYC Employers Using FreelancersMay 8, 2017

NYC Approves Legislation Restricting Salary Inquiries of ApplicantsApril 17, 2017

How Will the Trump Administration’s Position on Transgender Students Impact Employers and Schools?March 1, 2017

Salary Thresholds in New York Rise Effective Dec. 31, 2016December 29, 2016

Dec. 1 DOL Overtime Rule Blocked: Now What?November 30, 2016

EEOC Releases Updated National Origin Discrimination Guidance November 29, 2016

New York State Department of Labor Adopts Direct Deposit and Payroll Debit Card RegulationsOctober 5, 2016

Beware the Cat’s Paw: Employer Liability for Harassment ExpandedSeptember 6, 2016

EEOC Releases Final Enforcement Guidance on Retaliation and Related Issues September 1, 2016

Recent Centers for Medicare & Medicaid Services (CMS) Guidance Emphasizes Robust Social Media Policies, Procedures, and Training for Long-Term Care ProvidersAugust 10, 2016

Title IX Issues Continue to Beset Higher EdAugust 9, 2016

Supreme Court Stalls Transgender Student Bathroom Mandate August 9, 2016

NLRB Implements Reporting Mechanism of Labor Law ViolationsJuly 18, 2016

EEOC Changes Date for Employers to Begin Reporting Pay DataJuly 18, 2016

Good News for Employers: Implementation of the New Union "Persuader" Rules Has Been Delayed for NowJune 30, 2016

New Jersey Supreme Court Nixes Shortened Timeframe for LAD Claims June 27, 2016

Timing Is Everything: SCOTUS Rules Resignation Triggers Statute of Limitations in Constructive Discharge CasesMay 24, 2016

San Francisco's Paid Parental Leave Law Could Spark Larger MovementApril 18, 2016

Despite Confounding Interference and Retaliation Claims, Conn. Federal Court Allows EEOC Case to ProceedApril 18, 2016

New York State Introduces Paid Family Leave April 7, 2016

DOL Announces New Regulations on "Persuader" Activities March 29, 2016

Supreme Court Rules in Favor of Public Employee UnionsMarch 29, 2016

HR Directors Beware: You Could Be Individually Liable Under the FMLAMarch 23, 2016

EEOC Pushes Federal Courts to Expand Title VII Protections to Include Sexual Orientation DiscriminationMarch 2, 2016

New Jersey Appellate Division Clarifies When Employers Can Require Employee Psych Examinations March 2, 2016

Proposed Changes to the EEOC’s Retaliation Policies Signal Trouble for EmployersFebruary 19, 2016

Pennsylvania Court Strikes Down Lifetime Ban of Employees with Certain Convictions from Working in Nursing HomesJanuary 11, 2016

Final Regulations Issued by the NJDOL for New Jersey Employers Regarding Ban the BoxJanuary 5, 2016

Constructive Discharge in the Federal Sector: When Does the Clock Start Ticking? December 8, 2015

Commuter Benefits Law Takes Effect January 1, 2016 in NYCDecember 7, 2015

NYC’s "Stop Credit Discrimination in Employment Act" Prohibits Most Employment-Related Credit Checks December 7, 2015

"Ban-the-Box" Guidance Issued in New York CityDecember 7, 2015

New York City Publishes Additional Guidance on Paid Sick Leave Law December 7, 2015

Obesity: A Weighty Employment IssueNovember 17, 2015

EEOC Proposal Allows Employers to Seek Genetic Information as Part of Wellness ProgramsNovember 3, 2015

President Obama Bans the Box in Federal EmploymentNovember 3, 2015

California Strengthens Current Equal Pay Law – Is This Fair Warning to Employers in Other States?October 19, 2015

U.S. Department of Labor and Vermont Department of Labor Sign Agreement to Prevent Misclassification of WorkersSeptember 17, 2015

Virginia Shooting Tragedy: What Employers Need to Know September 1, 2015

National Labor Relations Board Expands Joint Employer StatusAugust 31, 2015

D.C. Court of Appeals Backs DOL Reversal of Long-Standing Overtime Exemption for Home Care Agency WorkersAugust 25, 2015

Circuit Courts Are Split on Applying the FLSA "Manager Rule"August 25, 2015

NLRB Dismisses Northwestern Football Players' Organizing PetitionAugust 19, 2015

Second Circuit Holds Extension of Probationary Employment Can Be Adverse Employment ActionJuly 23, 2015

Is Obesity a Disability that Requires Workplace Protections and Accommodations Under the ADA?July 23, 2015

Connecticut Goes Beyond the NLRA, Prohibiting Employer Restrictions on Disclosure of WagesJuly 14, 2015

Proposed USDOL Rule Would Create Millions of Newly Overtime-Eligible EmployeesJune 30, 2015

Same-Sex Marriage: A Practical Guide for EmployersJune 29, 2015

Impact on Employers After Supreme Court's Ruling to Uphold Key Provision of Affordable Care ActJune 25, 2015

Up in Smoke? Colorado's Highest Court Upholds Termination of Employee for Off-Duty Medical Marijuana UseJune 16, 2015

New York DOL Proposing Rules Addressing Payment of Wages With Payroll Debit CardJune 10, 2015

EEOC Continues With Strategic Enforcement Plan to Protect Transgender IndividualsJune 10, 2015

Supreme Court’s Abercrombie Decision a Wake-Up Call on Religious Accommodation June 5, 2015

Is a Threat to Reduce Pay Enough to Establish Actionable Employment Retaliation?May 28, 2015

Hostile Work Environment and Retaliation Claims Harder to Defend After Fourth Circuit RulingMay 14, 2015

New York City Employers Beware: Job Applicants Could Be Discrimination "Testers"May 4, 2015

Supreme Court Clarifies EEOC Conciliation ProcessApril 30, 2015

EEOC Issues Proposed Regulations on ADA Application to Employer Wellness ProgramsApril 17, 2015

NY AG Calls Out Use of On-Call Shifts in Retail Industry April 14, 2015

NLRB's "Ambush Election" Rules Take Effect April 14, 2015

Non-Union Employers Must Beware the NLRBApril 8, 2015

What Does the Start of Daylight Saving Time Mean to Employers?March 5, 2015

Despite Recent EEOC Loss, Employers Must Be Cautious With Criminal Background and Credit ScreeningsMarch 3, 2015

DOL Final Rule Amends FMLA Definition of "Spouse"February 25, 2015

Second Circuit Upholds Summary Judgment for Employer Dismissing Claims of Race and National Origin Discrimination and RetaliationFebruary 20, 2015

Employers Must Be Prepared for New NLRB Election RulesFebruary 13, 2015

NJ Employers Dealt Another Blow in Classifying Independent ContractorsJanuary 30, 2015

Gender Stereotyping in the Workplace: Despite Lack of Federal Legislation, Plenty for Employers to Think AboutJanuary 27, 2015

Amendment to New York Wage Theft Prevention Act Removes Annual Notice RequirementJanuary 8, 2015

Workers Not Entitled to Pay for Security Check TimeDecember 11, 2014

Misclassification of Dancers Results in $10.8 Million-Plus AwardDecember 1, 2014

More Headaches for NJ Employers as Six More Towns Pass Sick Leave OrdinancesNovember 13, 2014

What Does the End of Daylight Saving Time Mean to Employers?October 31, 2014

Upcoming Supreme Court Decision Could Change the EEOC Litigation Landscape for EmployersOctober 31, 2014

Employer Dress Code Policies Under the Microscope as Supreme Court Reviews Abercrombie & Fitch CaseOctober 17, 2014

Employers Must Prepare for Scrutiny as Federal and State Labor Departments Join Together to Fight Employee MisclassificationOctober 10, 2014

Ninth Circuit Ruling on Misclassification of Independent Contractors Has Major Ramifications for Employers September 25, 2014

Fifth Circuit Religious Discrimination Determination Requires Employers to Gauge Sincerity of an Employee’s Religious Beliefs September 16, 2014

Governor Cuomo Signs Bill Giving New York Interns Workplace ProtectionAugust 6, 2014

EEOC Updates Enforcement Guidance on Pregnancy DiscriminationJuly 25, 2014

N.Y. Legalizes Medical Marijuana: What Employers Need to ConsiderJuly 15, 2014

Meet the New Board — Same as the Old Board: Obama Taps Block for NLRB ReturnJuly 15, 2014

Impact of Hobby Lobby: Closely Held Corporations May Object to ACA’s Contraceptive MandateJuly 2, 2014

Supreme Court Deals Blow to Public-Sector Unions on Agency FeesJune 30, 2014

Reversing Racial Discrimination Claims Is Difficult, but Not ImpossibleJune 4, 2014

Attempted Class Action Provides Timely Reminder for Employers to Treat Interns as … InternsMay 28, 2014

Decision Holding Telecommuting to Be a Reasonable Accommodation Provides a Cautionary Tale for EmployersMay 16, 2014

Pay My Back Wages: Auto Shop Featured on MTV Settles FLSA Lawsuit April 30, 2014

Connecticut’s New Minimum Wage Law Includes Major ChangesApril 17, 2014

Employers Wise to Review Employee Confidentiality Policies as Fifth Circuit Upholds NLRB’s Invalidation of Overly Broad ProvisionsApril 11, 2014

Are March Madness Office Pools Legal? March 20, 2014

Updated: The Wells Report Could Mean Big Changes in NFL Workplace Policies; Two Coaches Fired February 19, 2014

Winter Storms Create Challenges for Employers — Do You Have a Weather Policy in Place?February 14, 2014

Good Samaritan or Workplace Liability?January 30, 2014

Minimum Wage Set to Increase in NY, NJ, and CTDecember 30, 2013

Lady Gaga Settles Personal Assistant’s FLSA Overtime LawsuitNovember 1, 2013

Final Rule Expands Application of the Fair Labor Standards Act’s Minimum Wage and Overtime Pay Provisions to Domestic Service Workers September 26, 2013