Finance & Banking, Labor & Employment Law, Civil Rights

Employers Should Review How Plan Documents Define Spouse in Light of Recent Benefits Litigation

by Lisa Loesel, Jacob Mattinson, Todd Solomon, Brian Tiemann | McDermott Will & Emery on 4/30/2013

Two recent cases challenging benefit eligibility for same-sex spouses highlight the need for employer-sponsored retirement and welfare plans to clearly define "spouse" for eligibility purposes. Employers may want to review...more

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

by Jonathan Sokolowsii | Sheppard Mullin Richter & Hampton LLP on 4/29/2013

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

Wellness Programs Can Reduce Health Care Costs, But Can Your Bank Afford the Legal Risks?

by Katheryn Bradley, Craig Day, Mark McBride | Lane Powell PC - Labor & Employment Law on 4/15/2013

One option is wellness programs, which provide employees with incentives to engage in healthy behaviors. These programs have spread in both size and importance. According to one survey, 68 percent of employers provided...more

OFCCP Announces 2013 Agenda

by Carolyn Doppelt Gray, Lawrence Lorber, Katharine Parker, Leslie Silverman, Joshua Stein, Allan Weitzman | Proskauer Rose LLP on 1/24/2013

On December 21, 2012, the Office of Federal Contracts Compliance Programs ("OFCCP") published its 2013 regulatory goals in the Unified Agenda of Regulatory and Deregulatory Actions ("Unified Agenda"), as required by Executive...more

Conducting Workplace Investigations

by Phyllis C. Katz | Sands Anderson PC on 1/11/2013

Recently, when advising a client who was investigating a complaint of sexual harassment, I had the opportunity to revisit the EEOC’s Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors...more

Employment And Labor Insight: Year In Review - Are Your Employment Procedures, Practices And Policies In Compliance?

by Leonard, Street and Deinard on 1/9/2013

As we enter 2013, we would like to update you on the importance of reviewing your application, background check procedures, employment policies and employee handbook for compliance with the changing laws in these areas....more

Domestic Partner and Same-Sex Marriage Laws: Approval of Washington Marriage Equality Act and Impact on Employee Benefits

by Richard Birmingham, Dipa N. Sudra | Davis Wright Tremaine LLP on 11/13/2012

On Nov. 6, 2012, Washington voters approved same-sex marriage in Washington state. This advisory explains the impact of this new law on employee benefit plans and procedures, and revisits the treatment of employee benefits...more

Eastern District Refuses To Rely On Dukes To Kill Class Claims At Pleadings Stage Of Sex Bias Lawsuit

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/23/2012

Calibuso, et al. v. Bank of America Corp., et al., No. 10-CV-1413(JFB)(ETB) (E.D.N.Y. Sept. 27, 2012, Bianco, J.): The plaintiffs, on behalf of a Rule 23 putative class of financial advisors, claimed that Bank of America’s...more

Section 342 of Dodd-Frank Intersects With Employment Law

by Reed Smith on 10/10/2012

The Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”) celebrated its two-year anniversary this past July. At that time, the Act drew much attention from the media and political pundits because of its...more

French Employment News – What You Missed During the Summer

by K&L Gates LLP on 9/7/2012

New Legislation - Compensation & Benefits – Modification of the tax regime for severance amounts paid as of September 1, 2012 Article 30 of the public finance act (modifying the 2012 budget) substantially reduced...more

Failure to Issue Litigation Hold Is Not Necessarily Gross Negligence, Second Circuit Holds

by Ballard Spahr LLP on 7/24/2012

In a decision that will surprise some, the U. S. Court of Appeals for the Second Circuit recently held in Chin v. Port Authority that the failure to issue a litigation hold is not gross negligence per se. This decision runs...more

Retiree Benefit System that Disproportionately Benefits Men is Not Necessarily a Violation of Title VII

by Barger & Wolen on 5/21/2012

In Wood v. City of San Diego, Janet Wood brought suit under Title VII of the Civil Rights Act of 1964, alleging the surviving spouse benefit provided by the City of San Diego to retired employees discriminated on the basis of...more

Financial Services L&E Advisory: 12 Issues to Watch in 2012

by Epstein Becker & Green, P.C. on 2/17/2012

For employers in the financial services industry, 2012 is already shaping up to be a mixed bag. While showing some signs of life, the economy continues to be a primary driver of employment law issues as it struggles to...more

The ERISA Litigation Newsletter -- January 2012

by Proskauer Rose LLP on 1/19/2012

IN THIS ISSUE: - Editor's Overview - 2011 -- The Year in Review: Last Year's Most Significant ERISA - Litigation Opinions and What They Foreshadow for 2012 - Second Circuit's Recent ERISA Statute...more

Massachusetts Enacts Law Prohibiting Discrimination Against Transgendered Individuals

by Foley Hoag LLP on 12/5/2011

Last week, Governor Deval Patrick signed into law “An Act Relative to Gender Identity,” also known as the Massachusetts Transgender Equal Rights Bill. This law, which will go into effect in July 2012, extends the state’s...more

Massachusetts Enacts Transgender Equal Rights Bill

by Ropes & Gray LLP on 11/29/2011

On November 23, 2011, Governor Patrick signed into law House Bill 3810, “An Act Relative To Gender Identity.” The new law protects transgender individuals from discrimination in housing, education, employment and credit by...more

Pension Alert - August 2011

by Reed Smith on 8/12/2011

Topics in this Alert: - Auto-Enrolment and NEST — Page 1 - Age Discrimination – Default Retirement Age Abolished — Page 2 - Bribery Act 2010 — Page 3 - Early Access Off the Table — Page 3 - DC Contracting Out —...more

ADA "Impliedly Amended" The National Bank Act's Termination-at-Pleasure Clause

by Proskauer - California Employment Law on 7/1/2011

Quinn v. U.S. Bank, N.A., 196 Cal. App. 4th 168 (2011) Robert Quinn, a former senior vice president of U.S. Bank, alleged he was denied accommodation, harassed and terminated because of a physical disability in violation...more

Legal Challenges to Applicant Credit Checks

by Davis Wright Tremaine LLP on 6/6/2011

Employers face rising criticism regarding their use of credit histories in hiring decisions. Civil rights advocates raise concerns that use of credit histories unfairly disadvantages certain segments of the population....more

Better Double Check Your Use Of Credit Checks

by Fisher & Phillips LLP on 3/9/2011

Colorado, Maryland and Pennsylvania are the latest to join a growing number of states that have taken steps to limit an employer's ability to perform credit checks on its employees. So far, only four states have actually...more

EEOC Alleges That The Use Of Credit Histories To Make Employment Decisions May Have A Disparate Impact On Minorities

by Sheppard Mullin Richter & Hampton LLP on 1/20/2011

The new year is a good time for employers to review their hiring practices to ensure that they are job-related and justified by business necessity. Indeed, even seemingly neutral hiring criteria may inadvertently have an...more

Dodd-Frank Wall Street Reform Act Requires Federal Financial Agencies to Address Diversity and Fair Inclusion of Minorities and...

by Reed Smith on 10/22/2010

The Dodd-Frank Wall Street Reform and Consumer Protection Act, signed into law on July 21, 2010, created some of the most sweeping changes to the financial industry since the Great Depression. Section 342 of the Dodd-Frank...more

Fall Forecast: DOL Hunts for Violations and DOJ Offers some Clarifications

by David Gevertz on 8/19/2010

In this newsletter: DOL will target hospitality industry beginning in October; Miniarture horses welcome: DOJ Enacts Revised ADA reglations; DOL explains reasonable break time and facilities for nursing mothers;...more

Helping Employees Without Hurting Your Business: Legal Considerations in Making Employee Loans

by McNees Wallace & Nurick LLC on 5/20/2010

Occasionally, we receive inquiries from clients who would like to make loans (or create a policy for making loans) to their employees. Typically, these clients want to make loans for one of the following purposes: Please...more

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Finance & Banking › Labor & Employment Law › Civil Rights