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Reminder for NYC Employers: Ban on ‘Caregiver’ Discrimination Has Taken Effect

On May 4, a New York City law barring discrimination against “caregivers” took effect. Specifically, the law prohibits employers from taking an adverse action (e.g., refusing to hire, firing, or demoting), or otherwise...more

Governor Christie Conditionally Vetoes New Jersey’s Equal Pay Legislation

On May 2, 2016, Governor Chris Christie conditionally vetoed Bill S992, New Jersey’s equal pay bill. As discussed in our previous blog post, the bill passed in both houses of the New Jersey Legislature on March 14, 2016....more

New Jersey Legislative Update, Part II: What’s in the Works for New Jersey Employers?

A Higher Minimum Wage in Certain Counties - On March 14, 2016, a bill (A3471) was introduced that would require all employers in Essex, Hudson, Camden, Mercer, and Middlesex counties to pay their employees at least...more

New NC LGBT Legislation Eliminates All State Law Employment Discrimination Lawsuits

On March 23 following a one-day special session, the North Carolina General Assembly passed, and Governor McCrory signed HB 2, a bill that will have widespread effects on legal protections for employees in North Carolina. The...more

A Quick Look at Merrick Garland's Labor and Employment Record

On March 15, 2016, President Barack Obama nominated Chief Judge Merrick Garland of the United States Court of Appeals for the District of Columbia Circuit to fill the vacancy on the Supreme Court of the United States created...more

The New York City Commission on Human Rights Doubles Penalties Collected in 2015

The New York City Commission on Human Rights (“NYCCHR”) recently announced that it collected $1.4 million in penalties in 2015, which is double the amount collected in 2014. Carmelyn P. Malalis joined the NYCCHR in February...more

"California Fair Pay Act" Becomes Law

The new law expands the equal pay requirement for men and women to "substantially similar work" regardless of location, modifies employers’ business justification defense, and increases employers’ recordkeeping obligations to...more

U.S. Army Loses Battle to Regulate Bathroom Selection of Transgender (Civilian) Employee

On April 1, 2015, the EEOC ordered the Army to pay damages for discriminating against a transgender employee when it prevented her from using the common women’s bathroom and routinely demeaned her by calling her “sir” and...more

Trial by Jury: Why It Matters in a Democratic Society [Video]

In the United States, there is only one time (apart from military draft in wartime) when our government can demand that we go somewhere and do something at a specific time and place. That is when we are called to jury duty....more

Wisconsin Voter ID: Plaintiffs' Emergency Application to Justice Kagan Lacks a Key Element

The plaintiffs in Wisconsin’s Voter ID case yesterday filed an emergency application with Justice Kagan, the Circuit Justice assigned to the Seventh Circuit, seeking an order vacating the Seventh Circuit’s September 12 stay...more

Real-Life Political Drama Provides More Questions Than Answers: BB&K's Parissh Knox Examines the Issues Raised in the Palmdale...

Palmdale, a suburb nestled in the Mojave Desert north of Los Angeles, is among a growing number of cities, community college districts, school districts and other agencies in California that are under tremendous pressure to...more

California Legislature Deliberating Changes to Remedies in Mixed Motive Cases

This past February, the California Supreme Court addressed the viability of a mixed-motive defense to employment discrimination claims brought under the Fair Employment and Housing Act (FEHA) in the Harris v. City of Santa...more

Revisions to CHRO-Related Statutes Under Consideration Include Damages for Emotional Distress

Whenever someone tells you that a proposed bill “clarifies” something or “simplifies” existing law, you should view such talk with a dose of healthy skepticism....more

Disabled Americans for Firearms Rights, LLC et al v. Dannel P. Malloy, Governor

Complaint for Declaratory Judgment and Injunctive Relief

Scott Ennis of New London, CT and his group Disabled Americans for Firearms Rights, have filed the first legal challenge against CT's newly enacted gun law. This action for declaratory judgment and injunctive relief asks...more

Construction Newsletter -- November 2012: New California Law Reforms Disability Access Litigation

On September 19, 2012, Gov. Jerry Brown signed into law Senate Bill 1186, aiming to help California business owners guard against costly, predatory lawsuits filed under the Americans with Disabilities Act (ADA) and...more

Does the Communications Decency Act Protect Human Trafficking?

The State of Texas may find out and it may be more applicable to your site than you think. In early filing for the 2013 legislative session, Democratic state Senator Leticia Van de Putte proposed a bill aimed at stopping at...more

Face the Bloggers: Employment And Labor Questions For The Candidates (Obama)

This week, several of us bloggers (Dan Schwartz, Donna Ballman, Eric Meyer, and Jon Hyman, and I) will be choosing a debate question on a labor and employment law topic for each of the Presidential and Vice Presidential...more

Perry v. Perez

Brief Of Amicus Curiae CATO Institute In Support Of Neither Party

The decennial redrawing of electoral districts consistently produces extensive litigation. The most notable cases this cycle come, as they often have, from Texas. A number of activist groups challenged the Texas legislature's...more

"A Closed Mouth Gathers No Feet": What Herman Cain Teaches Employers About Sexual Harassment

Poor Herman Cain. Or, poor young women who used to work for him. Right now, I'm not sure which because the allegations are murky and anonymous. OK, I do have an opinion, but I'm going to keep it to myself until we...more

Proponents of Extracting Slavery Reparations From Private Interests Must Contend with Equity's Maxims

Charles E. Rounds, Jr., Proponents of Extracting Slavery Reparations From Private Interests Must Contend with Equity’s Maxims, 42 U. Tol. L. Rev. 673 (2011): That the national conversation on slavery reparations has been, and...more

Obama Administration’s National Equal Pay Enforcement Task Force Combines Efforts of Federal Agencies and Departments to Crack...

Recently, we reported that passage of the Paycheck Fairness Act, which was approved by the House of Representatives last year but has been on hold in the Senate since then, is likely to be a hotly contested legislative battle...more

Legal Alert: Bill Impacting Pay Discrimination Claims Sent to Senate

The U.S. House of Representatives has passed legislation that could significantly impact employers, if the legislation becomes law. The Lilly Ledbetter Fair Pay Act is aimed at overturning the U.S. Supreme Court's 2007...more

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