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San Francisco Enacts Broad Protections for Employees of “Formula Retail” Establishments

On December 5, 2014, San Francisco enacted two ordinances, dubbed the “San Francisco Retail Workers’ Bill of Rights,” that will extend benefits to part-time retail and food service employees and require certain employers to...more

12/17/2014

NLRB Reverses Course on Employer Email, Creating Presumptive Right of Employees to Use Work Email Systems for Union Organizing

In a game-changing 3-2 decision on December 11, the National Labor Relations Board (NLRB or Board) overruled its 2007 Register Guard decision, which upheld the right of employers to limit employee access to company email...more

12/16/2014 - Email NLRB Protected Concerted Activity Purple Communications Unions

The Split Deepens: New York District Court Holds Internal Reporting Not Protected Under Dodd-Frank

In Berman V. Neo@Ogilvy LLC, 1:14-cv-523 (Dec. 4, 2014), Judge Gregory Woods of the Southern District of New York dismissed a Dodd-Frank whistleblower retaliation claim on the ground that internal reporting is not protected...more

12/15/2014 - Dodd-Frank Internal Investigations Popular Retaliation Whistleblowers

Third Circuit Issues First Appellate Decision Compelling Arbitration of Dodd-Frank Whistleblower Claim

In Khazin v. TD Ameritrade, No. 14-1689, 2014 WL 6871393 (3rd Cir. Dec. 8, 2014), the Third Circuit affirmed a lower court’s decision compelling arbitration of a Dodd-Frank whistleblower retaliation claim. This is the first...more

12/12/2014 - Arbitration Arbitration Agreements Dodd-Frank Employment Contract Hiring & Firing Popular Retaliation Sarbanes-Oxley TD Ameritrade Whistleblowers Wrongful Termination

U.S. Department of Labor Advances Regulatory Agenda with Final Rule Barring Federal Contractors from Discriminating against LGBT...

On December 3, 2014, the U.S. Department of Labor (DOL) released its final rule barring federal contractors from discriminating on the basis of sexual orientation and gender identity. The final rule implements an Executive...more

12/12/2014 - Contractors Discrimination DOL Equal Opportunities Federal Contractors LGBT OFCCP Sexual Orientation Discrimination

EEOC Gets Schooled: Court Expels Challenge to College’s Separation Agreements

For the second time in less than two months, a federal district court judge has dismissed a U.S. Equal Employment Opportunity Commission (EEOC) challenge to an employer’s separation agreement due to the agency’s failure to...more

12/8/2014 - ADEA Conciliation Corporate Counsel Dismissals EEOC Hiring & Firing Popular Separation Agreement

Global Employers: How Are You Managing Workplace Concerns About Ebola?

While the world moves quickly to contain the Ebola virus, businesses across the globe are scrambling to figure out how best to manage workplace concerns and protect their employees. But as employers develop their Ebola...more

11/12/2014 - CDC Ebola Popular Safety Precautions

EEOC Won’t Get its Prescription Filled at CVS: Case Challenging its Releases Granted Summary Judgment

On October 7th, a federal district judge granted summary judgment against the U.S. Equal Employment Opportunity Commission (EEOC) in its lawsuit against CVS. The EEOC had challenged the nation’s largest integrated provider of...more

10/14/2014 - Civil Rights Act CVS EEOC Employer Liability Issues Summary Judgment Title VII

An Attorney is an Attorney is an Attorney? Not So Fast, Says Second Circuit, Shutting Down EEOC Equal Pay Act Claim

The EEOC suffered another fatal blow to its systemic discrimination initiative on Monday when the Second Circuit held that the Commission’s Equal Pay Act (EPA) complaint against the New York Port Authority was too barebones...more

10/3/2014 - Discrimination EEOC Equal Pay Act Port Authority Sex Discrimination Wages

It Might be Mechanical, But It’s Exempt: Court Dismisses Temp Document Reviewing Attorneys’ Overtime Collective Action

A district court in New York dismissed the putative collective action filed by a contract attorney who performed document review for Skadden, Arps, Slate, Meagher and Flom LLP (“Skadden”) for fifteen months. See Lola v....more

9/22/2014 - Contract Attorneys FLSA Putative Class Actions Unpaid Overtime

To Your Health: California Enacts Broad Sick Leave Law

On September 10, 2014, Governor Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014 (AB 1522), making California only the second state to require paid sick leave. In a press release, the Governor’s...more

9/15/2014 - Employee Rights Employer Liability Issues New Legislation Paid Leave Sick Leave

Obama Executive Order Places New Burdens and Restrictions on Federal Contractors

In an unwelcome, mid-summer surprise for the business community, President Obama signed the Fair Pay and Safe Workplaces Executive Order on Thursday July 31, 2014 requiring federal contractors to report violations of federal...more

8/6/2014 - Arbitration Contractors Employee Rights Executive Orders Fair Pay and Safe Workplaces Federal Contractors Sexual Assault Sexual Harassment Title VII

A 40 Hour per Week Volunteer? Second Circuit Says Yes

For forty hours, five days a week, for three years, Jayquan Brown provided services to New York City Department of Education’s Banana Kelly High School. Brown, who was a graduate of the school, was unable to secure a paid job...more

6/25/2014 - Employer Liability Issues FLSA Unpaid Interns Volunteers Young Lawyers

Home Sweet Home: 6th Circuit Rules that Showing up for Work is not Required

Changes in telecommuting practices may be around the corner for many employers, as the recent 2-1 decision in EEOC v. Ford Motor Co., 2014 FED App. 0082P (6th Cir. 2014) may usher in significant changes in what constitutes a...more

6/18/2014 - ADA Disability EEOC Employer Liability Issues Ford Motor Reasonable Accommodation Telecommuting

Babysitters at the Gate: The Supreme Court’s Radical Expansion of SOX’s Whistleblower Protections

Yesterday, in Lawson v. FMR LLC, a divided U.S. Supreme Court decided its first case addressing the whistleblower protections of the Sarbanes-Oxley Act (SOX). The question before the Court: do those protections extend only to...more

3/6/2014 - Contractors Corporate Counsel Fidelity Investments FMR LLC Lawson v FMR Sarbanes-Oxley SCOTUS Subcontractors Whistleblower Protection Policies Whistleblowers

Off the Playground, Out of the Locker Room, and into the Office: How to Combat Workplace Bullies

The Miami Dolphins recently have come under intense scrutiny amid allegations that coaches encouraged defensive guard Richie Icognito to bully teammate Jonathan Martin in an effort to “toughen” him up. The alleged bullying...more

11/27/2013 - Anti-Harassment Policies FEHA Internal Controls NFL NLRA OSHA Richie Incognito Workplace Bullying

ENDA Prevails in the Senate, but Will it End in the House?

On November 7, 2013, the U.S. Senate passed the Employment Non-Discrimination Act (“ENDA”), legislation that would prohibit workplace discrimination based on sexual orientation or gender identity. The ban would join similar...more

11/13/2013 - Civil Rights Act Discrimination EEOC Employee Rights ENDA Gender Identity Sexual Orientation Sexual Orientation Discrimination Title VII

Better Late Than Never: The New York State Department of Labor Finally Issues Regulations on Permissible Wage Deductions

Almost one year after the New York Labor Law was amended to expand the scope of permissible wage deductions, on October 9, 2013, the New York Department of Labor has finally issued regulations that allow employers to take...more

10/14/2013 - DOL Overpayment Wage Deductions Wages

Fifth Circuit Defines "Whistleblower" Narrowly Under Dodd-Frank

On July 17, 2013, the Fifth Circuit issued the first circuit court decision interpreting Dodd-Frank’s anti-retaliation provision....more

7/22/2013 - Anti-Retaliation Provisions Dodd-Frank SEC Whistleblower Protection Policies Whistleblowers

Whistleblower Law Developments

On July 17, 2013, the Fifth Circuit issued the first circuit court decision interpreting Dodd-Frank’s anti-retaliation provision....more

7/19/2013 - Anti-Retaliation Provisions Dodd-Frank SEC Whistleblowers

The Buck Stops Here!: Gristedes Foods CEO May Be Personally Liable for FLSA Claims

Last week, in Irizarry v. Catsimatidis, Docket No. 11-4035-cv (July 9, 2013), the Second Circuit held that Gristedes Foods CEO—and current NYC mayoral candidate—John Catsimatidis faces personal liability for settlement...more

7/16/2013 - Employer Liability Issues FLSA Grocery Stores Personal Liability Settlement

U.S. Supreme Court Adopts a Narrow Definition of a Supervisor in Harassment Claims

Resolving a split among the circuits, the U.S. Supreme Court held that a “supervisor” for Title VII harassment liability is limited to those who have the power to take a tangible employment action against the alleged victim...more

6/27/2013 - EEOC Harassment Hiring & Firing SCOTUS Supervisors Title VII Vance v. Ball State University

U.S. Supreme Court Rejects the Mixed-Motive Analysis in Retaliation Claims

The U.S. Supreme Court held on Monday that a plaintiff alleging retaliation under Title VII of the Civil Rights Act of 1964 (“Title VII”) must prove that retaliation was the “but-for” reason for an adverse employment...more

6/27/2013 - But For Causation Discrimination Racial Discrimination Religious Discrimination Retaliation SCOTUS Title VII UT Southwestern Medical v Nassar

Fifth Circuit to Consider In Re D.R. Horton in Light of Recent Court of Appeals Decision Striking Down Recess Appointments to NLRB

A recent D.C. Circuit Court of Appeals decision striking down several recess appointments to the National Labor Relations Board has cast doubt over one of the NLRB’s most controversial decisions from 2012....more

2/6/2013 - Barack Obama Canning v NLRB D.R. Horton D.R. Horton v NLRB NLRA NLRB Pro Forma Sessions Recess Appointments

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