News & Analysis as of

Employer Liability Issues

9th Circuit to Reconsider Employer Use of Salary History During Hiring

by McGuireWoods LLP on

On Aug. 29, 2017, the U.S. Circuit Court of Appeals for the 9th Circuit announced it will reconsider en banc whether employer use of salary history to determine an applicant’s compensation as a new hire violates the federal...more

Employees In California? If So, These Are The Employment Bills To Watch

by Jackson Lewis P.C. on

With the flurry of action by California lawmakers in the final weeks of the legislative session, there are approximately 640 bills waiting for action by California Governor, Jerry Brown. Here is a list of legislation which...more

An Often Overlooked Tool In Workplace Safety Prevention: The Near-Miss Investigation

by Cozen O'Connor on

OSHA defines a “near miss” as an incident in which no property was damaged and no personal injury was sustained, but where, given a slight shift in time or position, damage or injury easily could have occurred. Put simply,...more

Washington Employers: Prepare To Face New Workplace Laws

by Fisher Phillips on

The past year has brought multiple new workplace laws that will require employers in Washington to change several key policies and procedures. Below is an update that provides a general overview to help you prepare for these...more

No Hablas Español… No Tiene Un Trabajo: The EEOC’s Battle Against Non-Hispanic Discrimination

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The EEOC has filed a class action against an employer on behalf of “non-Hispanic job applicants,” alleging that the employer’s practice of only hiring Spanish-speaking applicants, and policy of using...more

European Court Restricts Employer Access to Employee’s Private Communications

by Orrick - Trust Anchor on

With its recent ruling in Barbulescu v. Romania (application no. 61496/08), the Grand Chamber of the European Court of Human Rights (ECHR) made a decision of enormous impact for employers in Europe. The decision makes clear...more

Tenth Circuit Indicates Mandatory Pre-Shift Briefings Are Compensable Time Under the FLSA

On September 14, 2017, the Tenth Circuit Court of Appeals provided employers with further guidance regarding the compensability of pre-shift tasks under the Fair Labor Standards Act (“FLSA”). Specifically, in Jimenez,...more

FEHA Expands Protections for Gender Identity and Expression

by Ervin Cohen & Jessup LLP on

The Fair Employment and Housing Act (FEHA) now has additional protections against discrimination on the basis of gender identity and gender expression in the workplace. The new FEHA regulations, entitled “Regulations...more

You Don’t Be THAT Person on Someone Else’s Holiday

by Shipman & Goodwin LLP on

Today marks Rosh Hashanah, the Jewish New Year and one of the holiest days of the Jewish year. But it’s a day of business to many....more

Spring Cleaning Comes Early: The Affordable Care Act and the Importance of Updating ERISA Plan Documents

The year 1974 was a watershed for employee benefits. For the first time, the federal government undertook the complicated task of providing a statutory and regulatory framework for employee benefit plans and employee pension...more

Ohio Supreme Court Clarifies What Is and What Is Not Appealable to the Court of Common Pleas in Workers’ Compensation Claims

by Reminger Co., LPA on

Confusion on what is and what is not appealable to the Court of Common Pleas has existed for decades. Determining what is and is not appealable to the Court of Common Pleas in workers’ compensation claims became a little...more

Employers, I’m On Your Side — So Watch Out! ;-)

At a client seminar that my office presented during the very contentious 2016 campaign season, my law partner John Doyle delivered an introductory disclaimer. Although I may not have his words verbatim, I will never forget...more

11th Circuit: Rights Of Breastfeeding Employees Protected By Federal Law

by Jackson Lewis P.C. on

On September 7, 2017, the Eleventh Circuit in Hicks v. City of Tuscaloosa, 16-13003 held that breastfeeding is covered under the Pregnancy Discrimination Act (“PDA”). In Hicks, the doctor for a police officer with the...more

Department of Labor Releases New Pregnancy Discrimination Poster

by Shipman & Goodwin LLP on

Last week I talked about the new state law regarding pregnancy discrimination that is going into effect on October 1, 2017. In that post, I mentioned a new notice that was required to comply with the law....more

Oral Contract Upheld in California Despite Offer Letter Purporting to Supersede It

Does an employment offer letter that expressly supersedes any oral statements on the part of supervisors concerning conditions of employment preclude verbal wage promises made after the employee is hired? Chen v. M&C Hotel...more

Interference On The Defense? Tenth Circuit Reinstates EEOC’s Formerly Dismissed Claim

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After a federal district court dismissed the EEOC’s unlawful-interference claim against a private college that had sued a former employee for allegedly breaching a settlement agreement by filing an EEOC...more

Failure to Complain About Sexual Harassment Over Long Period of Time Dooms Later Claims

In most cases in order to demonstrate a hostile working environment due to sex, a plaintiff must show multiple incidents of harassment over a period of time. However, in some situations, allegations of harassment that occur...more

Federal Appeals Court Affirms Six-Figure Jury Verdict in Pregnancy Discrimination Act Claim

by Franczek Radelet P.C. on

A recent decision issued by the U.S. Court of Appeals for the Eleventh Circuit serves as a cautionary tale for employers quick to deny employees’ requests for accommodations after returning from maternity leave. The Pregnancy...more

Magnum, SMH

by FordHarrison on

Who could possibly sully the sainted memory of Thomas Magnum, fictional private investigator and iconic 1980s bon vivant? All 45 of these guys, apparently....more

New York Salary History Inquiry Ban

by Dentons on

On May 4, 2017, New York City Mayor Bill de Blasio signed into law Introduction Number 1253-A, which prohibits employers from inquiring about a job candidate's salary history during the hiring process. Dentons' Employment and...more

Rescission of Deferred Action for Childhood Arrivals (DACA)

by Cozen O'Connor on

On September 5, 2017 DHS rescinded the June 15, 2012 memorandum issued by President Obama which established the “DACA” program. The “DACA” rescission requires individuals that are seeking an extension of their status to file...more

2017 Labor & Employment Legislative Update: The End is Near!

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Governor Jerry Brown has till October 15 to approve bills the Legislature sent to his desk by its Friday, September 15, deadline, including bills that would require employers to ”show us the money” for...more

California Takes One Step Closer to Imposing Reporting Requirements and Public Shaming for Employer Pay Gaps

When we last checked in on AB 1209, the Gender Pay Gap Transparency Act, the proposed legislation was making its way through the California Senate. After making a few key amendments, the Senate passed the bill on September 7,...more

Responding To SCDEW: The Payoff For Employers

There are several ways that employers can keep their unemployment insurance (UI) tax rate down. First, it is beneficial to learn how the South Carolina Department of Employment and Workforce (“SCDEW”) determines the...more

Discharge Of Employee Who Protested Illegal Policy By Himself Ran Afoul Of NLRA, Federal Appeals Court Rules

by Jackson Lewis P.C. on

An employee who was discharged after protesting an admittedly illegal policy was entitled to reinstatement and back pay despite having acted on his own, the federal appeals court in New York has ruled, enforcing a National...more

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