News & Analysis as of

Employer Liability Issues

Change to Occur Slowly at NLRB

by Seyfarth Shaw LLP on

Seyfarth Synopsis: At yesterday's client symposium, “First 100 & Beyond: Strategy & Planning Summit for Businesses,” Brad Livingston offered insight into the state of the National Labor Relations Board under the Trump...more

Transgender Basics

by Zelle LLP on

In 2016, 1.4 million adults in the United States identified as transgender. Federal Circuit Courts have consistently ruled that Title VII prohibits discrimination in employment based on an applicant’s or employee’s...more

Rhode Island Company Liable for Refusing to Hire Marijuana User – Is Massachusetts Next?

by Partridge Snow & Hahn LLP on

On May 23rd, the Rhode Island Superior Court ruled that a local company is guilty of discriminating against a prospective employee for refusing to hire the employee because the employee actively used medical marijuana...more

New test for reparation topping-up ACC

by DLA Piper on

On 22 May 2017, a company and its director were ordered by the District Court to pay its employee $226,300 to top-up ACC in respect of future loss of earnings as a result of his being rendered a tetraplegic by a workplace...more

12 Months of Additional ADA Leave Not Reasonable, Court Says - Three Lessons to Be Learned From 1st Circuit Decision

by Fisher Phillips on

A federal appellate court recently ruled that an employee’s request for 12 months of additional medical leave was not reasonable, and thereby upheld the dismissal of her Americans with Disabilities Act (ADA) lawsuit against...more

DFEH Issues New Workplace Harassment Guidance

Since April 1, 2016, California employers subject to the Fair Employment and Housing Act (“FEHA”) have been required to comply with a number of amendments to the FEHA regulations that were adopted by the California Fair...more

Evidence That Similarly Situated Employees Included Those Of The Same Race Dooms Race Discrimination Claim

by Jackson Lewis P.C. on

A federal district court granted an employer’s summary judgment motion in light of evidence that employees allegedly not disciplined for similar infractions as the plaintiff included those of the same race and color as the...more

After The Investigation: Now what?

Last week, we talked about employment investigations. This week, I’d like to talk about what employers do with the information they gathered during the investigation. There are two main tasks: No. 1: Figure out what...more

New York City Council Passes Major Workplace Reforms For Fast Food & Retail Workers

by Jackson Lewis P.C. on

The New York City Council has passed five bills as part of a legislative package intended to reform scheduling and workplace practices for fast food and retail workers in New York City. The legislative package, first...more

Canada: Ontario Special Advisors Make 173 Recommendations in their Final Report on the Changing Workplace

by Littler on

In May 2015, the Ontario government appointed two Special Advisors (Michael Mitchell and The Honourable John C. Murray) to review the modern-day workplace and to consider whether the Ontario Labour Relations Act, 1995...more

A New Employment Law Frontier: Illinois' Biometric Information Privacy Act

by Holland & Knight LLP on

An emerging area of the law has become the focal point in a new class action lawsuit pending in the U.S. District Court for the Northern District of Illinois. In Baron v. Roundy's Supermarkets, Inc., et al. (No....more

The Rapidly Evolving Legal Landscape for New York Employers

New York employers need to prepare for compliance with the most expansive paid leave law in the country and need to ensure compliance with New York’s wage transparency law and minimum wage and salary thresholds for exemptions...more

How Today’s Employers Can Avoid The Heat With Their Unpaid Summer Internship Programs

by Cole Schotz on

Memorial Day weekend is upon us: the weather is getting warmer, colleges are out of session, and high schools are winding down towards final exams. More than just the start of Summer, this means Summer Intern season has...more

New York’s Highest Court Asked To Decide Whether New York City Human Rights Law Protects Mistaken Perception Of Alcoholism

by Jackson Lewis P.C. on

New York’s highest court, the New York Court of Appeals, has been asked to decide the question of whether the New York City Human Rights Law permits a claim of disability discrimination based solely on a perception of...more

BREAKING: Full Second Circuit To Reconsider Whether Title VII Prohibits Sexual Orientation Bias

The U.S. Court of Appeals for the Second Circuit (Connecticut, New York, and Vermont) agreed yesterday to rehear en banc an appeal from the estate of a gay skydiving instructor who alleged he was fired after a customer...more

Employer’s Refusal To Hire Medical Marijuana User Violates State Law, Rhode Island State Court Holds

by Jackson Lewis P.C. on

Employers cannot refuse to hire a medical marijuana cardholder, even if the individual admittedly would not pass the employer’s pre-employment drug test required of all applicants, a Rhode Island state court has held under...more

Georgia’s SB 201 Will Require Sick Leave To Be Used For “Family” Reasons

One hot topic right now in the employment world is family and medical leave laws. There has been a push in the federal arena as well as many states to establish or improve family leave and sick leave requirements for the...more

OSHA Filing Date Up in the Air: A Summary of the Electronic Occupational Injury/Illness Reporting Requirement

by Faegre Baker Daniels on

Last year, the Occupational Safety and Health Administration (OSHA) promulgated a regulation that requires, among other things, certain employers to electronically submit occupational injury/illness information to OSHA...more

Privacy Training Requirements for Federal Contractors

by Foley & Lardner LLP on

Under a final rule issued by the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA), effective January 19, 2017, federal government contractors must...more

NYC Law Prohibits Employers from Asking Job Applicants for Salary History

by Wilson Elser on

New York City recently enacted a law prohibiting employers from asking about a job applicant’s salary history during all stages of the employment hiring process. The law, which was adopted on May 4, 2017, also prohibits an...more

Circuit Split: Expansion of Title VII Protections and Sexual Orientation as a Subset of a Protected Class

by Baker Ober Health Law on

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex or national origin. Title VII has been supplemented via legislative action to also prohibit discrimination due to...more

InterConnect FLASH! No. 61 - Regardless of Status (Broker/Motor Carrier): Contract & Control Still Matter

by Benesch on

Courts continue to review the circumstances surrounding the degree of control exercised over transportation service providers. This has held true in several different segments of the transportation industry whether it is home...more

California's "Day of Rest" Requirement

by Allen Matkins on

The California Supreme Court recently clarified the California Labor Code's requirement that employers must provide their employees a "day of rest" in Mendoza v. Nordstrom Inc., No. S224611 (May 8, 2017). The Labor Code...more

[Webinar] The Changing Landscape of Anti-Discrimination Laws and Workplace Policies in Light of the NLRB - June 8th, 1:00pm ET

by Conn Maciel Carey LLP on

This webinar will discuss some of the more discrete and growing areas of anti-discrimination law at the state and federal level. For instance, ban the box laws have become very popular at the state level to prevent...more

Don’t Report Yet! OSHA Holds Off on Electronic Posting Requirements

Last July, we wrote about the Occupational Safety and Health Administration’s new electronic reporting requirements, which will require certain employers (those with 250 or more employees, or those with 20-249 employees in...more

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