Adam Pinto

Adam Pinto

Patterson Belknap Webb & Tyler LLP

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Get Healthy (Or Else?): The EEOC Proposes New Rules to Define When Participation in an Employer Wellness Program Is “Voluntary”

Under Title I of the Americans with Disabilities Act (“ADA”), employers aren’t allowed to discriminate against workers based on health status. Under the ADA, employers can, however, ask workers for details about their health...more

4/21/2015 - ADA Affordable Care Act EEOC Employer Group Health Plans Hiring & Firing Medical Examinations Pre-Employment Health Screenings Proposed Regulation Wellness Programs

SEC Cracks Down On Employment Agreements That Stifle Corporate Whistleblowers

On April 1, 2015, the Securities and Exchange Commission (“SEC”) gave a boost to corporate whistleblowers, reaching its first settlement with a company accused of stifling whistleblowing activity through the use of...more

4/7/2015 - Confidentiality Agreements Employment Contract Enforcement Actions Internal Investigations KBR (formerly Kellogg Brown & Root) SEC Whistleblower Protection Policies Whistleblowers

The Supreme Court Weighs in on The Pregnancy Discrimination Act – Providing Guidance to Employers and Protections for Pregnant...

The Supreme Court has recently issued an important opinion, Young v. United Parcel Service, Inc., clarifying the protections afforded by the Pregnancy Discrimination Act (“PDA”). The PDA mandates that employers treat...more

4/2/2015 - ADA Disparate Treatment PDA Pregnancy Discrimination Reasonable Accommodation SCOTUS Young v United Parcel Service

Second Circuit: Class Certification is Alive and Well in Employment Cases Involving Individualized Damages

On February 10, 2015, the United States Court of Appeals for the Second Circuit decided Roach v. T.L. Cannon Corporation, resolving the question of how the Supreme Court’s Comcast Corp. v. Behrend decision should be...more

2/18/2015 - Appeals Class Action Class Certification Comcast v. Behrend Individualized Damages Rule 23(b)(3) SCOTUS

New York Wage Theft Prevention Act Amended – Annual Wage Notices No Longer Required

On December 29, Governor Andrew Cuomo signed into law amendments to the New York Wage Theft Prevention Act (the “WTPA”). Bill A08106C (Assembly), S05885-B (Senate). Most notably, the amendments eliminate the WTPA’s annual...more

1/7/2015 - Amended Legislation Andrew Cuomo Annual Notices DOL Wage Theft Prevention Act

EEOC Issues New Enforcement Guidance on Pregnancy Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) issued new Enforcement Guidance this month regarding pregnancy discrimination. This is the first comprehensive update to the EEOC’s Pregnancy Discrimination Guidance...more

7/31/2014 - ADA Civil Rights Act Disability EEOC Employee Rights Pregnancy Pregnancy Discrimination Reasonable Accommodation Title VII

New York City’s Earned Sick Time Act to Go into Effect on April 1, 2014

New York City’s Earned Sick Time Act (“the Act”) will go into effect for certain employers on April 1, 2014. The Act — which was passed on June 26, 2013, when the New York City Council overrode Mayor Bloomberg’s veto—requires...more

12/23/2013 - CBAs Local Ordinance Municipalities Paid Leave Sick Leave

New Wage Deduction Regulations Finalized by New York State Department of Labor

On October 9, the New York State Department of Labor’s final wage deduction regulations took effect. Those regulations are codified at 12 N.Y.C.R.R. 195, and are available here. The final regulations are very similar to the...more

10/22/2013 - DOL Overpayment Wage Deductions Wages

Mayor Bloomberg Signs Pregnancy Discrimination Ban Into Law

Earlier this month, Mayor Michael Bloomberg signed into law legislation prohibiting pregnancy discrimination by New York City employers. The legislation, passed unanimously last month by the New York City Council, bars...more

10/15/2013 - Discrimination Pregnancy Discrimination Public Employers

Decision Alert: Supreme Court Holds Class Action Waiver in Arbitration Agreement is Enforceable

In a 5-3 ruling in American Express Co. v. Italian Colors Restaurant (“Amex”), 570 U.S. ___ (2013), the Supreme Court reversed the Second Circuit and held that an arbitration provision that barred class actions was...more

6/26/2013 - American Express American Express v Italian Colors Restaurant Antitrust Litigation Class Action Arbitration Waivers FLSA SCOTUS

Eagerly Anticipated Proposed Wage Deduction Regulations Announced by New York State DOL

Last week, the New York Department of Labor (“DOL”) published proposed regulations governing the new categories of permissible wage deductions in Section 193 of the New York Labor Law that took effect in November 2012. The...more

5/31/2013 - Advances DOL Employee Benefits Overpayment Wage Deductions Wages

Settling Its First Genetic Information Nondiscrimination Act (GINA) Lawsuit, EEOC Acts on Priority

The Equal Employment Opportunity Commission (EEOC) announced last week that it had settled its first lawsuit alleging violations of the Genetic Information Nondiscrimination Act (GINA). GINA, which was passed by Congress in...more

5/15/2013 - EEOC FMLA GINA

Updates from the Second Circuit and Supreme Court About Arbitration Provisions and Potential Impact on Employers

Last week, the Second Circuit weighed in again on the enforceability of an arbitration provision in Parisi v. Goldman, Sachs & Co., No. 11-5229-cv (2d Cir. Mar. 21, 2013). The provision at issue required employees to pursue...more

4/3/2013 - American Express Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Discrimination Federal Arbitration Act Gender Discrimination Goldman Sachs Pattern or Practice SCOTUS Title VII Vindication of Statutory Rights Doctrine

New Year Brings New FCRA Forms for Employers and Possibly Additional Notification Requirements

The Consumer Financial Protection Bureau (CFPB), the primary enforcer of the Fair Credit Reporting Act (FCRA) rang in the new year by issuing new forms for users of consumer reports. Copies of the forms that went into effect...more

2/7/2013 - Background Checks CFPB Consumer Reports Criminal Background Checks EEOC FCRA Pay Equality Notices Wage Theft Prevention Act Written Consent

Pregnancy Discrimination Law Update

In an important ruling for employers, the Fourth Circuit recently underscored that the Pregnancy Discrimination Act (PDA) does not require employers to provide pregnant workers with special accommodations. Young v. United...more

1/29/2013 - ACLU ADA ADAAA Disability Discrimination PDA Pregnancy Discrimination Reasonable Accommodation UPS

NLRB Issues Pair of Decisions Limiting Employer Discipline and Policies Regarding Social Media

The National Labor Relations Board (NLRB) recently issued a pair of decisions helping to clarify the limits on employers’ ability to (1) discipline employees for their social media activities and (2) implement confidentiality...more

1/24/2013 - Costco Discipline Facebook Hiring & Firing Hispanics United of Buffalo NLRA NLRB Protected Concerted Activity Quicken Loans Section 7 Social Media Social Media Policy Termination

NLRB Clarifies Rules on Confidentiality Instructions During Disciplinary Investigations

Two recent National Labor Relations Board (NLRB) decisions Hyundai America Shipping Agency, Inc., 357 N.L.R.B. No. 80 (2011) and Banner Health System, 358 N.L.R.B. No. 93 (2012) have altered the balance between an employer’s...more

11/20/2012

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