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Employment Non-Discrimination Act Passes its First Test in the Senate

The U.S. Senate recently passed the Employment Non-Discrimination Act (“ENDA”) (S. 815), a bill which would prohibit employers with 15 or more employees from discriminating against individuals on the basis of their sexual...more

11/25/2013 - Discrimination ENDA Gender Identity Sexual Orientation Discrimination

New York City Now Requires Reasonable Accommodations for Pregnant Workers

Today, Mayor Bloomberg signed into law an amendment to the New York City Human Rights Law requiring employers with four or more employees to provide reasonable accommodations to pregnant workers. The legislation, which was...more

10/3/2013 - Discrimination Local Ordinance Municipalities NYCHRL Pregnancy Discrimination Reasonable Accommodation

Second Circuit Rules that a "Bare-Bones" Complaint Rephrasing the Text of the FLSA is Insufficient to State an Overtime Claim

In Dejesus v. HF Management Systems Services, LLC, No. 12-4565 (2d Cir. Aug. 5, 2013), the Second Circuit Court of Appeals affirmed the dismissal of plaintiff Ramona Dejesus’ (“Plaintiff”) Fair Labor Standards Act (“FLSA”)...more

8/9/2013 - Evidence FLSA Lack of Specificity Motion to Dismiss Over-Time Wage and Hour Wages

Second Circuit Overturns Class Certification Order in Assistant Branch Manager Overtime Case

On May 29, 2013, the United States Court of Appeals for the Second Circuit issued its opinion in Cuevas v. Citizens Financial Group, Inc. and RBS Citizens, N.A., Case No. 12-2832, reversing the Eastern District of New York’s...more

6/7/2013 - Class Action Class Certification Comcast v. Behrend Dukes v Wal-Mart Exempt-Employees Managers Over-Time

Proposed New York City Bill Would Ban Credit Checks from Hiring Process

On April 11, 2013, the New York City Council’s Committee on Civil Rights debated a proposed bill that would ban employers from using credit checks to evaluate prospective employees. The proposed bill, called the Stop Credit...more

4/29/2013 - Credit Checks Discrimination Hiring & Firing Proposed Legislation

Second Circuit Rules that the FLSA Does Not Apply to Claims for Gap-Time Pay

In Lundy v. Catholic Health System of Long Island Inc., No. 12-1453 (2d Cir. Mar. 1, 2013), the Second Circuit Court of Appeals, resolving what had previously been an unsettled issue in the Circuit, held that the Fair Labor...more

3/22/2013 - FLSA Gap Time Minimum Wage Over-Time Pleading Standards Wage and Hour

New York Appeals Court Applies Liberal Standard in Reinstating a Sex Bias Claim Under the City Human Rights Law

In a recent decision from the Appellate Division, First Department, a unanimous panel reinstated claims asserted by three plaintiffs under the New York City Human Rights Law (“NYCHRL”). The plaintiffs in Hernandez, et al. v....more

2/14/2013 - Hostile Environment Human Rights Local Civil Rights Restoration Act NYCHRL NYSHRL Sex Discrimination Standard of Review

New Jersey Department of Labor Proposes Rules Regarding Recently Enacted Gender Equity Poster Law

On January 7, 2013, the New Jersey Department of Labor and Workforce Development (“the Department”) published proposed rules to implement a bill that Governor Chris Christie signed into law in September 2012 which requires...more

1/15/2013 - DOL Equal Pay Gender-Based Pay Discrimination Notice Requirements

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