A federal appeals court has affirmed a jury verdict awarding nearly $4 million in lost wages, benefits, and interest to a white male employee who based reverse discrimination allegations in part on circumstantial evidence...more
New York has amended its law on non-disclosure provisions in settlement agreements when those provisions seek to keep confidential the factual foundation of alleged sexual harassment, discrimination and retaliation....more
On June 15, and just in time for LGBTQ+ Pride month, the U.S. Supreme Court issued a landmark decision holding that Title VII of the Civil Rights Act of 1964 protects employees from discrimination on the basis of sexual...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
I. Premium Pay and COVID-19 - Although many Americans have suffered furloughs or job losses while those more fortunate are able to work, albeit remotely, workers deemed “essential” under state executive orders and federal...more
The CDC recently released guidance describing how employers in office buildings can implement procedures and take actions to create a safe and healthy workplace and protect employees and visitors. ...more
A California district court dealt a blow to the U.S. Women’s National Team’s (WNT) equal pay case on May 1, granting partial summary judgment to the United States Soccer Federation (USSF) in the headline-grabbing case filed...more
5/22/2020
/ Civil Rights Act ,
Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Soccer ,
Title VII ,
Wage and Hour
New York State has begun its slow and deliberate process of re-opening on May 15, 2020. Governor Cuomo has established both a regional and industry approach for how the state will re-emerge following the state-wide Executive...more
Last week, New Jersey Governor Phil Murphy signed into law an amendment to the New Jersey Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ WARN Act”) that delays earlier amendments that would have taken effect...more
As the battle against COVID-19 intensifies, healthcare workers have become vocal about their perceptions of deficiencies surrounding patient care and safety within their workplaces and have expressed their views publicly on...more
Adding to a growing wave of local, state, and federal legislation addressing the effects of the COVID-19 pandemic, on March 18, 2020 (and revised on March 19, 2020), New York Governor Cuomo signed Executive Order 202.6, a...more
On February 6, 2020 the U.S. Court of Appeals for the Third Circuit upheld a Philadelphia pay equity ordinance banning employers from inquiring into prospective employees’ prior pay or relying on prior pay in making...more
While world governments scramble to contain the spread of the coronavirus, businesses are fielding questions from employees who are concerned for their safety and protection in the workplace. ...more
The Second Circuit ruled this month in Lenzi v. Systemax, Inc. that “Title VII does not require a showing of unequal pay for equal work.” Drawing a line between the Equal Pay Act (“EPA”) and Title VII, the court held that...more
12/23/2019
/ Civil Rights Act ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Federal Labor Laws ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Labor Regulations ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
Sex Discrimination ,
Summary Judgment ,
Title VII ,
Wage and Hour
California Governor Gavin Newsom recently signed into law SB 142, significantly expanding employers’ obligations to provide break time and lactation room accommodations for working mothers. ...more
A company’s general counsel learns that an executive assistant has made an internal report of sexual harassment against the CEO. Given the allegations and people involved, the GC personally investigates the report and...more
Not to be outdone by the New York State legislature’s flurry of eleventh-hour lawmaking (which we previously reported on), the New York City Council recently passed an employment bill pending since April of 2018....more
As part of a marathon finish to the 2019 legislative session, the New York State legislature recently passed two new equal pay bills that build on other state and local laws enacted within recent years. The first of the two...more
7/1/2019
/ Compensation & Benefits ,
Employment Discrimination ,
Equal Pay ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Labor Regulations ,
Legislative Agendas ,
NYSHRL ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Major changes are in store for New York employers under a new bill passed in the waning hours of the 2019 legislative session. ...more
6/27/2019
/ #MeToo ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Harassment ,
Popular ,
Sexual Harassment ,
State Labor Laws
We are halfway through 2019, and while many employees prepare for summer vacation, California employers in various cities should brace themselves for an additional round of minimum wage increases on July 1, 2019....more
Effective May 10, 2020, New York City employers may no longer test prospective employees for marijuana and tetrahydrocannabinols (THC), the active ingredient in marijuana. ...more
As readers of this blog know, pay equity laws and regulations are expanding rapidly in the U.S. at both the federal and local level, as well as internationally. ...more
5/9/2019
/ Collective Actions ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Physicians ,
Sex Discrimination ,
Wage and Hour
The New York City Commission on Human Rights (“NYCCHR”) released its long anticipated model anti-sexual harassment training on April 1, 2019. The City’s model training satisfies all of the training requirements under both...more
In the wake of the #MeToo movement, lawmakers nationwide proposed legislation with expressed goals of preventing future sexual harassment scandals. Many proposed bills expired in committee and only a select few became law. ...more
On February 18, 2019, the New York City Commission on Human Rights (NYCCHR) announced new enforcement guidance deeming certain actions taken based on an individual’s hair or hairstyle – whether at work, at school, or in...more
Last year, in the immediate aftermath of the #MeToo movement, both New York State and New York City passed sweeping legislation that sought to provide additional protections for individuals from sexual harassment. ...more