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The Split Deepens: 2nd Circuit Holds that Title VII Bans Sexual Orientation Discrimination

The U.S. Supreme Court now has a greater incentive to resolve the issue of whether Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sexual orientation....more

Attorneys General Seek to Ban Mandatory Arbitration for Workplace Sexual Harassment

Each state's attorney general has signed a letter demanding that Congress amend the Federal Arbitration Act (FAA) to prohibit mandatory arbitration provisions in claims involving workplace sexual harassment. ...more

Second Circuit Permits Longer Look-Back Period for Repeat OSHA Violations

The Second Circuit offered no valentines to employers on Wednesday when it affirmed a citation issued to Triumph Construction Corporation by the Occupational Safety and Health Administration (OSHA) for a repeat violation of...more

Review Your Pay Practices for Pennsylvania Employees After Recent Court Decision

The Pennsylvania Superior Court recently affirmed that the use of the "fluctuating workweek" method to determine the amount of overtime owed violates the Pennsylvania Minimum Wage Act (PMWA), unlike the federal Fair Labor...more

Pennsylvania Plans New Overtime Rules

Pennsylvania Governor Tom Wolf announced his administration's plan to update state overtime pay regulations, including a substantial increase in the salary an employee must earn to be exempt from overtime pay under state law....more

Nursing Mothers Are Now Protected Under the NJLAD

The New Jersey Law Against Discrimination (NJLAD) was amended to prohibit employers from discriminating against women who breastfeed or express milk during breaks....more

Pennsylvania Court Rejects FLSA Method of Overtime Calculation

The Pennsylvania Superior Court recently affirmed that the use of the "fluctuating workweek" method to determine the amount of overtime owed violates the Pennsylvania Minimum Wage Act (PMWA), unlike the federal Fair Labor...more

Supreme Court to Revisit Constitutional Challenge to Public Union Agency Fees

The U.S. Supreme Court has granted certiorari in Janus v. Am. Fed'n of State, Cty. & Mun. Employees, Council 31 to decide whether it is constitutional to require public employees to pay agency fees (also known as "fair share"...more

DOL Clarifies VETS-4212 Filing and Data Collection Periods

With August comes federal contractors' obligation to file the annual VETS-4212 report—which collects information on contractors' employees who are protected veterans—based on a snapshot of their workforce taken between July 1...more

Massachusetts Top Court Permits Disability Discrimination Claim for Medicinal Cannabis

The Massachusetts Supreme Judicial Court (SJC) recently held in Barbuto v. Advantage Sales & Marketing, LLC that employees have a viable claim for disability discrimination under state law if they suffer an adverse employment...more

Administrative Law Judge Sides With Google in Denial-of-Access Case

In an advantageous decision for federal contractors, an Administrative Law Judge (ALJ) ruled last week that a demand by the Office of Federal Contract Compliance Programs (OFCCP) for pay data about Google employees was...more

Federal Contractors Notified of Affirmative Action, EEO Compliance Reviews

The Office of Federal Contract Compliance (OFCCP)—the Department of Labor agency charged with enforcing affirmative action and equal employment opportunity requirements imposed on certain federal contractors and...more

SCOTUS Nominee Gorsuch's Judicial Conservatism May Benefit Employers

President Trump's nomination of Judge Neil M. Gorsuch could shape the U.S. Supreme Court for years to come because of the judge's relatively young age (49) and because he could be part of a conservative majority on the Court,...more

Expect Pro-Business, Pro-Employer Changes Under Trump Administration

When Donald Trump won the presidential election in November, management-side labor and employment lawyers everywhere scrambled to figure out what the changing administration would mean for our nation's employers and our...more

Third Circuit Expands Liability Under the ADEA for Disparate Impact Claims

The Third Circuit recently held that the Age Discrimination in Employment Act (ADEA) permits disparate impact claims by older "subgroups" of workers within the law's protected 40-and-over class. Under the court's ruling,...more

Website Urges Employees to Form Unions

In a move designed to aid unionization efforts, union activists have launched Unionizeme.org—with the stated goal of ending poverty for employees at large companies through unionization. The website—which generally targets...more

DOL Issues Final Rule on Federal Contractors Requiring Paid Sick Leave

The U.S. Department of Labor (DOL) announced a final rule Thursday requiring federal contractors to provide paid sick leave to employees who work on or in connection with certain federal contracts. The final rule implements...more

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