News & Analysis as of

Recent Developments for Federal Contractors

Companies and individuals seeking to do business with the federal government have been targeted in the “year of action” promised by President Barack Obama. The President has taken steps to impose a number of additional labor...more

Quirky Question # 238, No Laughing Matter – Company Found Liable for Wrongfully Terminating Independent Contractor’s Agreement

Question: My company relies on independent contractors, over whom we don’t exert control. They often joke around with each other. I’m not liable for employment discrimination if I terminate one of them after they...more

No Laughing Matter: Company Found Liable for Wrongfully Terminating Independent Contractor’s Agreement after a Complaint about a...

Companies using independent contractors should be aware of increased enforcement efforts from federal and state labor and tax authorities over misclassification of workers under wage and hour and tax laws. In Washington, this...more

President Obama Issues Two Executive Orders in 10-Day Period

President Obama issued the Fair Pay and Safe Workplaces Executive Order on Wednesday, July 30 only 10 days after prohibiting federal contractors from discriminating based on sexual orientation and gender identity, in the...more

California Employment Law Notes - July 2014

"Unauthorized Alien" Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit - Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014) Vicente Salas worked on Sierra Chemical's production...more

Breaking Down New Regulatory and Administrative Initiatives in the L&E Space

Recently, the NLRB chair, Mark G. Pearce, confirmed that the Board will continue its emphasis on social media cases. In 2011 and 2012, NLRB Acting General Counsel Lafe Solomon released three memoranda detailing the results of...more

Winebrenner Transfer Will Pay $42,000 to Settle EEOC Retaliation Lawsuit

Trucking Company Fired Female Driver Because She Complained About Pay Discrimination, Federal Agency Charges - BALTIMORE - Winebrenner Transfer, Inc., a Hagerstown, Md.-based commercial trucking company, will pay...more

General Assembly Approves New Laws for Illinois Employers

As the legislative session drew to a close at the end of May, the Illinois General Assembly approved several new laws that will affect Illinois employers beginning January 1, 2015. The laws are now awaiting approval by...more

Unconscionable Arbitration Clauses: Be Careful What You Include

Many employers lawfully require all employees, as a condition of employment, to arbitrate any disputes arising out of the employment relationship. Typically, such arbitration agreements include claims for wrongful...more

President Obama Signs Two Executive Orders to Limit Workplace Discrimination

On April 8, 2014, at an event commemorating National Equal Pay Day (an annual public awareness event that aims to draw attention to the gender wage gap), President Obama signed two executive orders designed to limit workplace...more

Unpaid, but Not Unprotected: New York City Extends Human Rights Law to Protect Interns

As reported by us in recent blog articles (Do as I Say, Not as I Do: Differences in Duties Means No Commonality, No Class Certification for Unpaid Interns and The High Cost of Hiring Unpaid Interns), employment issues...more

Obama Requests Increased OFCCP Funding in FY 2015 Budget

On March 4, 2014, Secretary of Labor Thomas Perez released OFCCP’s FY 2015 budget request, which includes a request for over $107 million in funding for OFCCP’s operations. This amount represents a $3 million increase over...more

Hotel Pay Bias Lawsuit Leads to $75,800 Settlement

Extended Stay Hotels agreed to pay $75,800 in settlement of a pay bias lawsuit in which a female employee was paid less than male employees. According to the Equal Employment Opportunity Commission’s (“EEOC”) suit, Extended...more

2014 Employment Law Update

Whether you choose to set a New Year’s resolution or not, the start of a new year is normally full of changes if you are a business owner or employer. 2014 is no different, with dozens of new employment laws going into...more

Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2014

Happy New Year from your friends and advisors in Bernstein Shur’s Labor and Employment Practice Group. Usually, the new year comes with reviews of the past. At Bernstein Shur, we look forward to the future with a firm...more

Labor And Employment Law 2013: A Year-End Review

I. New Laws and Regulations - A. Federal - Following U.S. Supreme Court Decision, Federal Agencies Extend Definition of “Spouse” to Persons in Same-Sex Marriages. In United States v. Windsor, 133 S. Ct. 2675...more

Top New Jersey Legal Developments - January 2014

2013 was a busy year for employment law in New Jersey. This newsletter summarizes noteworthy developments in ten key areas—social media, the Law Against Discrimination ("LAD"), whistleblowing, background checks, drug and...more

Employment Law Update 2014 - New Developments in Employment Law 2014

In this issue: - 2014 Schedule of Seminars - Wage & Hour Developments - Discrimination, Harassment, and Retaliation Developments - Arbitration and Class Action Developments - Employer...more

New Labor Laws Affecting Businesses Take Effect in 2014: BB&K's Cynthia Germano Examines the New Laws and Requirements for...

As the new year dawns and we all make resolutions we are bound to forget by March, the California Legislature has passed new laws for 2014 affecting your business that you cannot afford to ignore. Business owners should work...more

Annual Labor & Employment Update 2013 [Video]

BB&K labor and employment law attorneys hosted a webinar focusing on new legislation and case law impacting California employers - private and public. Topics included: - New Legislation Public and Private Employers -...more

Take 5 Newsletter: An Employer's "Top 5" Action Items for 2014

It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...more

Keeping Employees Informed

Every Connecticut workplace is required to have a variety of informational postings for employees, on topics such as OSHA, workers’ compensation, wage and hour pay requirements, and prohibitions on discrimination and sexual...more

Annual Labor & Employment Law Update

In This Issue: - New Legislation Public and Private Employers - Wage and Hour Law - Disability, Discrimination and Medical Leaves - Discrimination, Harassment and Retaliation - Religion in the...more

Week in Review - November 27, 2013

Social media and technology seem to be doing more harm than good in the workplace this week. A new study suggests that some employers may be using Facebook profiles to discriminate against job applicants based on legally...more

Avoiding Mistletoe Mishaps, Part I: Seven Employment Topics To Consider When Hiring Seasonal Workers

As 2013 comes to an end, we will consider a number of issues that employers might be facing at the end of the year. In this blog series, we will cover topics such as seasonal hiring, religious discrimination claims stemming...more

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