Barbara Hoey

Barbara Hoey

Kelley Drye & Warren LLP

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The Bathroom Dilemma in the News – Transgender Rights on the Front Page

The front page of last Sunday’s New York Times ‘Styles’ section was almost entirely devoted to an article called “The Symbols of Change,” recounting how many public venues are converting from the traditional male/female...more

11/16/2015 - EEOC Employee Restrooms Gender Identity OCR Sexual Stereotyping Title IX Title VII Transgender

New York City’s “Ban the Box” Law, the Fair Chance Act, in Effect

We summarized the key provisions of the law in a prior post. The new law now provides that employers cannot do background checks until the conditional offer has been extended. It also requires that a City employer provides a...more

10/28/2015 - Ban the Box Criminal Background Checks Employer Liability Issues Fair Chance Act Hiring & Firing Job Applicants NYCHRL

The Duty of Loyalty Lives on in New Jersey

In an interesting decision affirming the ‘old-but-not-forgotten’ principle that an employee owes his first duty of loyalty to her employer, the New Jersey Supreme Court recently affirmed a decision allowing an employer to...more

10/9/2015 - Attorney Malpractice Disgorgement Duty of Loyalty Fraud Hiring & Firing NJ Supreme Court

UPS Settlement Signals That Pregnant Workers Are Expecting Job Accommodations

Last week, UPS settled its long-running case with Peggy Young, the employee whose case went up to the Supreme Court after she was denied light duty. As many will recall from an earlier blog post, the high court found that...more

10/9/2015 - Disparate Treatment Employer Liability Issues PDA Pregnancy Pregnancy Discrimination Reasonable Accommodation SCOTUS UPS Young v United Parcel Service

The City Commission Clarifies the “Fair Chance Act”

As previously reported, among the legislation passed this year under Mayor DeBlasio, New York City passed the “Fair Chance Act” (“FCA”), which severely restricts an employer’s ability to conduct criminal background checks on...more

10/5/2015 - Background Checks Conditional Job Offers Criminal Background Checks Employer Liability Issues Fair Chance Act Google Hiring & Firing Screening Procedures Search Engines

The NY City Commission Speaks – Be Careful in Claiming an Exemption from the NY City “Credit Check Law”

With the New York City “Stop Credit Discrimination in Employment Act” now in effect (as of September 3, 2015), the City Commission has just released guidelines for some ambiguous points in the law. We first wrote about the...more

9/28/2015 - Background Checks Credit Checks Credit Discrimination Employer Liability Issues FINRA NYHRL

Reminder – Be Careful When Settling A Wage Claim

Addressing an issue that the Second Circuit had not explicitly touched before, the court just held that parties cannot privately resolve and/or discontinue an FLSA claim, without the supervision of the DOL or court approval....more

8/27/2015 - DOL FLSA Settlement Wage and Hour

Sirius XM Settles Wage & Hour Class Action With Unpaid Interns

Earlier this month Sirius XM Radio Inc. settled a wage & hour class action with a class of 1,852 unpaid interns that claimed the company violated federal and state labor laws by failing to compensate them for the work they...more

8/24/2015 - Class Action Employee Definition Employer Liability Issues Fox Searchlight Pictures Minimum Wage Popular Settlement SiriusXM Unpaid Interns Unpaid Overtime Wage and Hour

Recent Ruling in LGBT Case Another Reminder That Religion Cannot Justify Discrimination

We predicted in blog posts on July 24th and July 7th that we would be seeing more in the way of LGBT litigation. I also recommended that managers be given extra training or reminders that in states where LGBT discrimination...more

8/13/2015 - EEOC LGBT Religious Institutions Sexual Orientation Discrimination Title VII Transgender

New Developments in Protections for LGBT Workers

It’s been a busy few weeks for developments in the area of LGBT rights since the Supreme Court’s decision in King v. Burwell , 576 U.S. ___ (2015)....more

7/27/2015 - ACLU Class Action DOJ EEOC Employee Benefits Equality Act Gender Discrimination King v Burwell LGBT Popular Religious Freedom Restoration Act Same-Sex Marriage SCOTUS Sex Discrimination Spouses Title VII Transgender Wal-Mart

What All Employers Can Learn from Ellen Pao’s Resignation from Reddit

You might have been following the latest news on Ellen Pao, the interim CEO of Reddit, who just resigned her position last week. Ms. Pao was also the plaintiff in a high profile sexual harassment lawsuit against her former...more

7/19/2015 - Cyberbullying NLRB Popular Protected Concerted Activity Reddit Sexual Harassment Social Media

The Unpaid Internship: Who “Really” Benefits from This Arrangement?

Many of us spent summers working as interns, getting access to the industry of our choice, making contacts, learning – and yes running errands and filing and stuffing envelopes and doing other “grunt” work. Most young people...more

7/13/2015 - Class Action Classification DOL Employee Definition Employer Liability Issues Fox Searchlight Pictures Hearst Internships Unpaid Interns Wage and Hour

The Supreme Court’s Same-Sex Marriage Ruling & Its Employment Implications

Unless you’ve been living under a rock, you probably are well aware that on June 26, 2015, the U.S. Supreme Court ruled that same sex couples have a constitutional right to marry and have their marriages recognized across the...more

7/8/2015 - Benefit Plan Sponsors Discrimination DOMA Employee Benefits Employee Rights Employment Policies FMLA LGBT Marital Status Marriage Equality Obergefell v. Hodges Same-Sex Marriage SCOTUS Spouses US v Windsor

A Cautionary FMLA Tale: “Let Them Fix It Before Firing” Must Employees Now Be Allowed to Cure Deficient Medical Certifications?

Compliance with the Family Medical Leave Act (“FMLA”) is a daily challenge for employers, as more and more employees seem to take advantage of the right to full and intermittent leave. I often see clients jump to hasty...more

6/27/2015 - Best Management Practices Corporate Counsel Employer Liability Issues Employment Policies FMLA FMLA Certification Forms Young Lawyers

It’s Not All “High” in the Rockies – Colorado Supreme Court Finds That Employees Can Be Fired For Use of Medical Marijuana

As more states legalize medical marijuana and consider legalization of “recreational” marijuana, many employers have wrestled with the question of whether they can still maintain a drug free workplace or must allow employees...more

6/23/2015 - CO Supreme Court Controlled Substances Act Disabled Drug Testing Lawful Activities Act Medical Marijuana Non-Work Hours Supremacy Clause Wrongful Termination

Supreme Court Abercrombie & Fitch Ruling: It’s the Motive that Matters

As most lawyers and HR professionals know, on June 1, 2015, Justice Antonin Scalia authored a concise opinion, overturning the Tenth Circuit and holding that Abercrombie & Fitch had intentionally discriminated against...more

6/8/2015 - Abercrombie & Fitch Appearance Policy Corporate Counsel Disparate Impact Disparate Treatment Dress Codes EEOC v Abercrombie Hiring & Firing Job Applicants Popular Reasonable Accommodation Religious Discrimination SCOTUS Title VII Undue Hardship

Even If You Don’t Give Manicures – What All Employers Can Learn From Nail Salons

Many have been surprised and appalled with the recent series of articles in the New York Times exposing the alleged mistreatment of workers at nail salons. What struck me was how these articles should be a wake-up call for...more

5/13/2015 - Best Management Practices Corporate Counsel Employer Liability Issues Wage and Hour Workplace Hazards Young Lawyers

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