Wage and Hour Discrimination

News & Analysis as of

Creed and Association: Breach of Human Rights Leads to Harsh Penalties

The decision in H.T. v ES Holdings Inc. o/a Country Herbs (“Country Herbs”) 2015 HRTO 1067 (CanLII) (“Country Herbs”) serves as a reminder to employers of the significant liability that they face when a claim of...more

That is SO last week - August 2015 #5

That infamous Ashley Madison data became searchable last week. Spouses, friends, and employers can now search the data to see if they know anyone who registered with the site. This development caused some to wonder if an...more

Three Key Employment Updates

We have summarised three of the most notable employment related updates for you to mull over while enjoying the summer sun. European case opens the door for easier indirect discrimination claims to be brought by...more

That is SO last week - August 2015 #4

We’ve been talking potential bias in big data for some time now, and last week’s news was full of concerns about just that. The New York Times Upshot Blog interviewed a Microsoft computer scientist on the subject; NBC News...more

EEOC Confirms that Sexual Orientation Discrimination is Sex Discrimination

On July 15, 2015, the EEOC issued an official decision that sexual orientation discrimination is sex discrimination under Title VII. The EEOC explained that “sexual orientation is inherently a ‘sex-based consideration,’ and...more

Is Mandatory Paid Sick Leave on the Horizon for Federal Contractors?

The next big change for federal contractors may be a requirement that they provide paid sick leave to employees. According to the New York Times, President Obama has drafted an executive order that would require federal...more

That is SO last week - August 2015

Last week, the world mourned Cecil the Lion, and all eyes were on the Minnesota dentist who killed him. The scrutiny of the dentist unearthed, among other things, a sexual harassment complaint lodged against him by a former...more

Second Circuit Rejects Ledbetter Application to Job Bias Cases

In a recent case, the U.S. Court of Appeals for the Second Circuit (“Second Circuit”) narrowed the scope of extended time limits offered by the Lilly Ledbetter Pay Fairness Act of 2009 (the “Ledbetter Act”). By way of...more

Unpaid Interns: The New Category of Employees?

The fiery debate over the employment status of and protections afforded to unpaid interns is alive and well! It appears that Congress is continuing the trend of providing additional workplace protections to unpaid interns. ...more

That is SO last week - July 2015 #4

Last week, the Equality Act was introduced in Congress. If enacted, this historic legislation will prohibit discrimination in employment and other life activities on the basis of sexual orientation and gender identity. It’s...more

EEOC: Sexual Orientation Discrimination Illegal Under Title VII

The EEOC has found that workplace discrimination against lesbian, gay, and bisexual workers violates Title VII of the Civil Rights Act of 1964. On July 15, 2015, the EEOC reversed the dismissal of a sex discrimination...more

That is SO last week - July 2015 #3

There’s just no rest for employment lawyers this summer. We had another exciting week. The biggest news was the EEOC’s ruling that Title VII prohibits discrimination on the basis of sexual orientation. The agency found that...more

That is SO last week - July 2015 #2

Last week, The New York Times’ The Upshot blog covered a topic that has been one of our top concerns for a while: how big data can discriminate. The post followed a Carnegie Mellon University study that reported, among many...more

Employers Burdened By More New Laws

The Oregon Legislature enacted several laws in 2015 that will significantly affect your workplace. The following laws go into effect Jan. 1, 2016: Paid Sick Leave - As expected, Oregon has enacted a mandatory paid sick leave...more

Be Global - June 2015

Whistleblowing: An employer's guide to global compliance - As the global push to combat corruption in government, politics, civil society and business gathers pace, whistleblowing continues to be a topic of ever...more

Employment Law - June 2015 #2

Joint Employers Can Be Liable for Employee Misclassification in California: Why it matters - Liability under the California Labor Code extends to joint employers that are aware of a willful misclassification of an...more

New Prohibitions on Discrimination for Unpaid Interns

On June 19, 2015, the governor signed into law a series of protections for unpaid interns. The new law, Public Act No. 15-56, extends the prohibitions on discrimination and harassment from the Connecticut Fair Employment...more

Connecticut Extends Workplace Harassment and Discrimination Protections to Unpaid Interns

On June 22, 2015, Connecticut Governor Dannel P. Malloy signed into law a new statute that extends workplace harassment, discrimination and retaliation protection to unpaid interns. Historically, it was unclear whether an...more

That is SO last week - June 2015

Last week, Uber suffered a setback in one of the many driver-initiated lawsuits it’s defending. A federal judge in California ruled that the popular ride-sharing app cannot compel arbitration of claims by drivers relating to...more

Newly Revised Model FMLA Forms Are Now Available

With little fanfare and no advance notice, the Department of Labor (DOL) has posted new model Family Medical Leave Act (FMLA) forms. The previous model FMLA forms expired on February 28, 2015 (note the expiration date in the...more

MLB Litigation Brief: 4th Circuit Hostile Work Enviro, Class Action Trends Cause Concern, Low-Wage Non-Competes & More

Survey Says Increasing Number of Class Actions Most Important Litigation Trend: Norton Rose Fulbright recently released its global 2015 Litigation Trends Annual Survey, which compiles litigation trends and data gathered...more

General Assembly Passes Bill Protecting Interns from Discrimination and Harassment

These are not the interns you are seeking Believe it or not, harassment against summer interns isn’t directly prohibited under Connecticut law. (But treating them like employees without paying them is against the law.)...more

Single Plant Employment Discrimination Class Survives Dukes Challenge

A divided panel of the Fourth Circuit ruled that a South Carolina district court judge improperly applied Wal-Mart Stores, Inc. v. Dukes in decertifying disparate treatment and disparate impact claims challenging promotion...more

Spring Regulatory Agenda Sets Forth New Deadlines, Proposals

In keeping with past practice, federal agencies released their spring regulatory agendas on the eve of a holiday weekend. These semiannual reports list all of the federal agency regulations currently under development or...more

[Event] Breakfast With Your Labor Lawyer - May 28, Los Angeles, CA

Please join us for Sheppard Mullin's annual “Breakfast with Your Labor Lawyer." 2015 presents significant developments in California labor and employment laws. We will explain how these new developments will affect day-to-day...more

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