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Take Your Pick: E.D.N.Y. Decision Offers Guidance for Plaintiffs and Defendants Alike on How to Handle “Picking Off” Attempts in...

“Sometimes surrender is the best option.” That is how Judge Raymond J. Dearie of the Eastern District of New York begins his opinion in Anjum v. J.C. Penney Co., Inc., before denying J.C. Penney’s motion to dismiss a putative...more

11/5/2014 - Collective Actions Federal Rules of Civil Procedure FLSA Rule 68

No One Likes A Bully: New California Law Mandates Anti-Bullying Training In The Workplace

On September 9, 2014, Governor Jerry Brown signed AB-2053, which mandates that certain California employers provide workforce bullying training in addition to already-required sexual harassment training and education. As a...more

9/23/2014 - Bullying Harassment Sexual Harassment Training Workplace Bullying

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

Check This [Box] Out: Ban the Box Legislation Continues to Gain Momentum

An increasing number of cities, counties and states have passed laws restricting employers from inquiring about a job applicant’s criminal background, giving momentum to the “ban the box” movement. The term “ban the box”...more

8/12/2014 - Background Checks Ban the Box Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants New Legislation

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

The Joint-Employer Standard: Like All Good Things, Is It About To Meet Its End?

On May 12, the National Labor Relations Board issued a notice and call for amicus briefs to address whether the Board should maintain its existing joint-employer standard or adopt a new one. Notice and Invitation to File...more

5/20/2014 - Employee Rights Joint Employers NLRA NLRB

Did the EEOC Try Hard Enough to Resolve Your Case Before Filing Suit?

In March, 2014, three powerful business groups urged the U.S. Supreme Court to consider an important issue at stake for employers in Mach Mining LLC v. Equal Employment Opportunity Commission—can courts review the adequacy of...more

4/9/2014 - Civil Rights Act EEOC Employer Liability Issues SCOTUS Title VII

Compelling Individual Arbitration Violates National Labor Relations Act? It Does According to ALJ

Joining the ever growing list of opinions on the arbitrability of class claims, an NLRB Administrative Law Judge recently ruled that an arbitration agreement that did not expressly bar workers from bringing class or...more

1/29/2014 - Canning v NLRB Class Action D.R. Horton v NLRB Mandatory Arbitration Clauses NLRB

Company E-mail Use Policies: The Next Battleground for the NLRB?

As reported in prior blogs, the National Labor Relations Board (NLRB) has become increasingly active in attacking employer policies on the grounds that those policies chill employees’ rights to engage in concerted activity....more

11/6/2013 - Compliance Email Employee Rights Employer Liability Issues Enforcement NLRB

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

Don’t “friend me”: More State Law Limitations on Accessing Employee Social Media Sites

Effective July 28, 2013, Washington became the eleventh state to have a law prohibiting employers from, among other things, asking its personnel for the user names and passwords to employee social media accounts....more

8/13/2013 - Employee Rights Employer Liability Issues New Legislation Passwords Social Media Social Media Policy

Tenth Circuit Issues its First Decision Interpreting SOX: Offers Broad Reading of the Act

On Tuesday, June 4th, the Tenth Circuit Court of Appeals issued its first decision interpreting the Sarbanes Oxley Act’s whistleblower protection provision, affirming a decision by the U.S. Department of Labor’s...more

6/12/2013 - Administrative Review Board Hiring & Firing Protected Activity Sarbanes-Oxley Whistleblower Protection Policies Whistleblowers

New York City Passes Bill Treating the Unemployed as a Protected Class

New York City has amended its Administrative Code to create a new protected class of workers. Beginning in June 2013, the New York City Administrative Code will prohibit discrimination based on an individual’s unemployment...more

4/11/2013 - Discrimination Hiring & Firing Job Applicants Local Ordinance Municipalities Unemployment Discrimination

OFCCP Rescinds Prior Guidance on Compensation Discrimination Analysis In Favor of a Case-by-Case Approach

Effective February 28, 2013, the Office of Federal Contract Compliance Programs (“OFCCP”) rescinded two 2006 guidance documents concerning how the OFCCP and federal contractors analyze potential pay discrimination. This...more

3/12/2013 - Audits Contractors Discrimination OFCCP Wages

After the Storm: Employers’ Obligations After Sandy

Hurricane Sandy and its aftermath has created enormous difficulties for employers on the East Coast. Between the devastation caused by the storm itself, power outages, and transportation shutdowns, employers were forced to...more

11/16/2012

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