Latest Publications


Paternity Leave Up To Bat: What Employers Should Know To Avoid Striking Out

Paternity leave is back in the spotlight after New York Mets second baseman, Daniel Murphy, decided to take his contractually guaranteed three days of paternity leave for the birth of his son—a decision which resulted in his...more

4/14/2014 - Employee Benefits Employee Rights FMLA Maternity Leave Paid Leave Parental Leave Paternity Unpaid Leave

Game Changer: NLRB Rules College Football Players Can Unionize

Director of the Chicago Region of the National Labor Relations Board (NLRB), Peter Sung Ohr, ruled that Northwestern University scholarship football players are entitled to have a union election because they are “employees”...more

3/27/2014 - Athletes Colleges Employee Rights NLRB Students Unions Universities

Spring Cleaning: Time for Employers To Freshen-Up Job Descriptions

All too often, once a candidate is hired for a position, job descriptions are filed away and rarely referred to until it is time to recruit for the position again. Because an employee’s job duties often evolve over time,...more

3/24/2014 - Discrimination Employer Liability Issues Job Descriptions

March Madness Challenge: Is Your Office Bracket Legal?

There is no denying the popularity of the annual NCAA Division I men’s basketball tournament, better known as “March Madness” and its attendant NCAA bracket pools. Stakes are even higher this year with Warren Buffet’s recent...more

3/10/2014 - Employer Liability Issues Sports Betting

Roll Out the Red Carpet: What Employers Need To Know About Dress Code Policies To Avoid Being Nominated for a Lawsuit

The Oscars are synonymous with fashion with viewers critically evaluating red carpet looks to determine their picks for the best-dressed list. But what happens when employers turn that critical eye to the slightly less...more

3/3/2014 - Dress Codes Employer Liability Issues Workplace Attire

Regulating Intermittent FMLA Leave: May an Employer Request a Doctor’s Note for Each Intermittent FMLA Absence?

Intermittent leave under the Family Medical Leave Act (“FMLA”) can pose a significant (and often frustrating) administrative and tracking burden on an employer. Further, when attempting to ferret out abuse, an employer has a...more

2/27/2014 - Employee Rights FMLA Sick Leave Trucking Industry

Philadelphia Joins a Growing List of Jurisdictions Requiring Reasonable Accommodations for Pregnant Workers

Philadelphia now expressly requires employers to provide reasonable workplace accommodations to pregnant employees and thus joins in a growing trend of jurisdictions expanding the rights of pregnant women in the workplace...more

2/17/2014 - Employee Rights Pregnancy Pregnancy Discrimination Reasonable Accommodation

Navigating Office Romances and Avoiding Litigation

Valentine’s Day is upon us, and companies are experiencing workplace romance at its finest, which is why it is a good time to consider updating or implementing office romance policies. According to a survey conducted by...more

2/10/2014 - Employer Liability Issues Workplace Romances

Rumor Has It: Employers Need To Be Wary of “No Gossip” Policies

Although most employers would agree that gossip in the workplace is detrimental to employee morale and productivity, banning it could be a risky proposition. In a recent decision, Laurus Technical Institute, NLRB ALJ, No....more

1/31/2014 - Employee Rights Employer Liability Issues NLRA NLRB Protected Concerted Activity Unions

New Rule for New York City Employers: Reasonable Workplace Accommodations Required for Pregnant Employees

The New York City Pregnant Workers Fairness Act (“NYC PWFA”), which takes effect January 30, 2014, requires New York City employers with four or more employees to provide reasonable accommodations for pregnancy, childbirth,...more

1/30/2014 - Human Resources Professionals Personnel Records Posting Requirements Pregnancy Discrimination Reasonable Accommodation

Flu Remedy: Can an Employee Get FMLA Leave for the Flu?

With flu season at its peak and certain strains of the flu requiring longer recovery periods, workplaces are experiencing a spike in the frequency and duration of flu-related absences. The Centers for Disease Control and...more

1/28/2014 - CDC FMLA Human Resources Professionals Sick Leave

New Jersey Employers Are Now Required To Accommodate Pregnant Workers

On January 21, 2014, New Jersey Governor Chris Christie signed legislation (effective immediately) that expands the rights of pregnant women in the workplace. This legislation signals a growing trend of employee-protective...more

1/24/2014 - Compliance Employee Rights Pregnancy Pregnancy Discrimination Reasonable Accommodation

Employee Pay on a Snow Day

With the Eastern half of the United States bracing for heavy snow and freezing temperatures this week, many employers will close businesses due to icy and snowy road conditions. Employers must be mindful, however, that a snow...more

1/22/2014 - Exempt-Employees FLSA Human Resources Professionals Non-Exempt Employees Paid Leave Unpaid Leave Wage and Hour Weather Policy

What is the Minimum Wage Law in Your State?

Although the federal minimum wage will remain unchanged at $7.25 per hour for non-tipped employees ($2.13 per hour for tipped employees), thirteen states have raised pay for minimum wage workers in 2014. Further, eleven...more

1/17/2014 - Compliance Minimum Wage

’Tis the Season To Review Holiday Pay Practices & Employee Requests for Time-Off

With Thanksgiving coinciding with Hanukkah this year and Christmas fast-approaching, employers should review carefully their obligations regarding requests for time-off and holiday pay practices. Specifically, the latter...more

11/26/2013 - Civil Rights Act Employer Liability Issues FLSA FMLA Paid Leave Title VII Unpaid Leave

Investigating Employee Complaints of Workplace Bullying

Workplace bullying is once again receiving significant media attention after a Miami Dolphins offensive lineman, Jonathan Martin, lodged allegations of bullying and harassment by fellow lineman Richie Incognito and other...more

11/13/2013 - Bullying Hostile Environment Human Resources Professionals Internal Investigations NFL Richie Incognito Workplace Bullying Workplace Violence

Election Day Consideration: Legal Risks Associated with a Politically Contentious Workplace

This year voters go to the polls to elect governors in Virginia and New Jersey, mayors in New York City, Boston, Detroit and other municipalities, and decide on a host of ballot issues across the country. With all of the...more

11/6/2013 - Discrimination First Amendment Political Affiliation

Hurricanes, Tornadoes & Wages: How Does Employee Pay Work during a Natural Disaster?

This week marks the one year anniversary of Hurricane Sandy and serves as an important reminder for employers to ensure that their businesses are prepared to handle a natural disaster. Understandably, in the days following a...more

11/1/2013 - Employee Rights Exempt-Employees FLSA Hurricane Sandy Natural Disasters Non-Exempt Employees Wage and Hour Wages

Mandatory Flu Shots: What Are the Workplace Side Effects?

October signals the beginning of flu season. According to the Centers for Disease Control and Prevention (“CDC”), flu activity in the United States can begin as early as October and continue to occur as late as May, most...more

10/18/2013 - ADA Discrimination Flu Shot Rule NLRA Religious Discrimination

Government Shutdown: How Does It Affect Your Pending Labor and Employment Matters?

A stalemate in Congress has caused the federal government to shutdown as of October 1, 2013. As a result, various federal agencies that enforce labor and employment laws are shutdown or operating in a very limited capacity. ...more

10/1/2013 - DOL EEOC Government Shutdown NLRB

Unpaid Internships: Avoid a FLSA Faux Pas

With the excitement of New York Fashion Week coming to a close, there is one recent trend that the fashion industry should pay particular attention to—unpaid internship lawsuits. The fashion industry is now among a recent...more

9/25/2013 - Fashion Industry FLSA Unpaid Interns

Fantasy Football Leagues in the Workplace

The start of a new NFL season brings with it the start of a new fantasy football season. According to the Fantasy Sports Trade Association, approximately 24.3 million people play fantasy football. Many fantasy leagues are...more

9/16/2013 - Fantasy Sports Hiring & Firing

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