Elizabeth Carlson

Elizabeth Carlson

Hodgson Russ LLP

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The National Labor Relations Board Issues Pivotal Decision Redefining Joint-Employers

On August 27, 2015, the National Labor Relations Board issued its long-anticipated decision revising the standard for determining joint-employer status under the National Labor Relations Act. As a result of the NLRB’s...more

8/31/2015 - Browning-Ferris Industries of California Inc. Collective Bargaining Franchisee Franchisors Joint Employers McDonalds NLRA NLRB Small Business Staffing Agencies Unfair Labor Practices Unions Wage and Hour

New York City “Bans the Box”

On June 29, 2015, New York City Mayor Bill de Blasio signed into law “Ban the Box” legislation, prohibiting employers from making any inquiry of, or statement to, an applicant for the purpose of eliciting information...more

7/15/2015 - Arrest and Conviction Records Background Checks Ban the Box Compliance Criminal Background Checks Criminal Records Hiring & Firing

NLRB Overturns 37-Year Precedent Regarding Duty to Provide Witness Statements to Unions

On June 26, 2015, the National Labor Relations Board (NLRB) reversed its 37-year precedent, ruling in American Baptist Homes of the West, d/b/a Piedmont Gardens, that employers must disclose to unions confidential witness...more

7/14/2015 - Anheuser-Busch Canning v NLRB NLRA NLRB Piedmont Gardens Popular Union Representatives Unions Witness Statements Workplace Investigations

New York City Passes the Stop Credit Discrimination in Employment Act

Effective September 2, 2015, the Stop Credit Discrimination in Employment Act (the Act) will prohibit New York City employers with four or more employees from requesting or using an applicant’s or employee’s consumer credit...more

7/10/2015 - Credit Checks Employment Discrimination Hiring & Firing Law Enforcement National Security Popular SEC Security Clearance Trade Secrets

Religious Discrimination – U.S. Supreme Court Issues Decision on Closely Watched Case

On October 3, 2014, I posted a blog entry that the U.S. Supreme Court announced that it would hear the EEOC’s appeal over whether a national retailer, Abercrombie & Fitch Stores Inc., violated the prohibition against...more

6/3/2015 - Abercrombie & Fitch Appearance Policy Disparate Impact Disparate Treatment EEOC v Abercrombie Hiring & Firing Reasonable Accommodation Religious Discrimination SCOTUS Title VII

Teacher Discipline Pursuant to §3020-a of the New York State Education Law: Significant Changes

Several years ago, there were changes made to §3020-a intended to streamline the process of disciplining a tenured teacher/administrator. Effective July 1, 2015, even more significant changes have been made to the statute...more

5/22/2015 - Amended Legislation Disciplinary Proceedings Education Code Hiring & Firing Teachers Tenure

E-Cigarettes: New Legislation Impacting Buffalo Employers

As an employer, you likely have had recent questions about the use of e-cigarettes by your employees in work areas. Some employees argue that they should be permitted to smoke e-cigarettes at work, while others are offended...more

2/11/2015 - E-Cigarettes Employer Liability Issues Employment Policies Local Ordinance Workplace Safety

The Sony Pictures Entertainment, Inc. Scandal Serves as a Warning to Employers About Computer Security

In recent days, the scandal with Sony Pictures Entertainment, Inc. went from an embarrassing tabloid scandal to a possible terrorist threat. The breach also has impacted thousands of current and former employees....more

12/24/2014 - Cybersecurity Email Email Policies Employer Liability Issues Popular Sony

Democrats Retain a Majority at the National Labor Relations Board

In November, President Obama nominated Lauren M. McFerran to the National Labor Relations Board and withdrew the nomination of Sharon Block because of GOP objections. McFerran was confirmed on Monday, December 8, 2014, by the...more

12/10/2014 - Confirmation Proceedings NLRA Political Parties

The U.S. Supreme Court Will Hear Religious Discrimination Case

On October 2, 2014, the U.S. Supreme Court announced that it will hear the EEOC’s appeal over whether a national retailer, Abercrombie & Fitch Stores Inc., violated the prohibition against discrimination based on religion...more


New Difficulty With Settlements at the New York State Division of Human Rights

The New York State Division of Human Rights’ (NYSDHR or the Division) standard stipulation of settlement document does not always include all of the terms that an employer would want when agreeing to pay a monetary settlement...more

8/19/2014 - Employee Rights Employer Liability Issues NYSHRL Settlement

McDonald’s and Its Franchisees: The General Counsel for the National Labor Relations Board Asserts That McDonald’s, USA, LLC Is a...

On July 31, 2014, I participated in a panel discussion on the Al Jazeera America television program “Inside Story,” hosted by Ray Suarez, regarding the recent determination by the general counsel (GC) for the National Labor...more

8/7/2014 - AFL-CIO Employee Rights Joint Employers McDonalds NLRA NLRB

Governor Amends NYS Human Rights Law to Protect Unpaid Interns From Discriminatory Practices

On July 22, 2014, New York State Governor Andrew Cuomo signed a bill amending the New York Human Rights Law to grant unpaid interns protections from "discriminatory practices." The amendment is effective immediately and it...more

8/5/2014 - Discrimination Employee Rights Internships NYCHRL Unpaid Interns

U.S. Supreme Court Rules that Recess Appointments to the NLRB Are Unconstitutional: Noel Canning – Part III

On Thursday, June 26, 2014, the U.S. Supreme Court issued a much anticipated ruling in the Noel Canning case. President Obama’s recess appointments to the National Labor Relations Board (NLRB) were found to be...more

6/30/2014 - Barack Obama Canning v NLRB NLRB Recess Appointments SCOTUS

Positive Impact of the Recent 3020-a Amendments on a School District’s Ability to Manage Tenured Teachers

Although no one would argue that the process for removal of a tenured teacher pursuant to §3020-a of the Education Law of New York is optimal, the amendments to the this statutory provision that apply to all charges against...more

5/27/2014 - Administrative Hearings Arbitration School Districts Statute of Limitations Teachers Tenure

Federal Contracts: President Obama’s Executive Action Regarding Equal Pay

On Tuesday, April 8, 2014, President Obama took two executive actions, designed (in the White House’s words) “to help combat pay discrimination and strengthen enforcement of equal pay laws.” The “Fact Sheet” on the White...more

4/15/2014 - Affirmative Action Compliance Data Collection Equal Pay Executive Orders Federal Contractors Retaliation Secretary of Labor Transparency

U.S. Supreme Court Hears Noel Canning Case Regarding Recess Appointments to the NLRB

On Monday, January 13, 2014, the United States Supreme Court heard oral arguments in the Noel Canning case. The court will rule on the validity of the controversial recess appointments to the NLRB made by President Obama on...more

1/15/2014 - Canning v NLRB NLRB Recess Appointments SCOTUS

New York Increases Minimum Wage And Minimum Salary Requirements For Certain Exempt Employees

Beginning December 31, 2013, New York’s minimum wage increased from $7.25 to $8.00 per hour. The minimum wage will continue to rise incrementally on an annual basis until December 31, 2015, as follows...more

1/3/2014 - Employee Rights Exempt-Employees Minimum Wage

New York Employers Beware: Do Not Delay In Returning Unemployment Insurance Forms!

New York employers recently received a letter from Carlton N. Boom, director, Unemployment Insurance Division, New York State Department of Labor, announcing changes in the unemployment insurance law. According to the letter,...more

12/30/2013 - Compliance DOL Employer Liability Issues Unemployment Benefits Unemployment Insurance

With The New Year Comes New Annual Notice Obligation For New York Employers

Between January 1 and February 1, 2014, all private employers must provide each of their New York employees a written notice containing detailed information regarding the terms and conditions of their employment....more

12/27/2013 - Employee Rights Employer Liability Issues Notice Requirements Personnel Records Wage and Hour Wage Theft Prevention Act Written Notice

Senate Confirms National Labor Relations Board Nomination of Richard Griffin as General Counsel

On October 29, 2013, the Senate approved President Obama’s nomination of Richard F. Griffin, Jr. to the position of general counsel to the National Labor Relations Board (NLRB or the Board). Since Republicans had been...more

11/4/2013 - Administrative Appointments NLRB Nominations Obama Administration Political Appointments Richard Griffin

General Counsel Urges the National Labor Relations Board to Overturn Current Precedent and Permit Employees to Use Company-Owned...

Last week, an administrative law judge (ALJ) from Region 21 of the National Labor Relations Board (NLRB or the Board) issued a decision addressing two employment policies that the general counsel for the NLRB argued...more

10/29/2013 - NLRB Protected Concerted Activity Section 7 Unions

Government Shutdown Impacts Employment Matters

On Friday, the federal government and the American people will be into the fourth day of the so-called government “shutdown.” The shutdown will impact certain pending employment matters, including those before the U.S. Equal...more

10/4/2013 - EEOC Government Shutdown

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