Effective March 20, employees in New York City can bring private actions against their employers for violations of the city’s Earned Safe and Sick Time Act, NYC Admin. Code § 20-911 et seq. ...more
4/5/2024
/ Attorney's Fees ,
Employer Liability Issues ,
Local Ordinance ,
Paid Leave ,
Penalties ,
Private Right of Action ,
Safe Leave ,
Sick Leave ,
Treble Damages ,
Unpaid Leave ,
Wage and Hour
On August 2, the National Labor Relations Board issued its decision in Stericycle, Inc., 372 NLRB No. 113 (Aug. 2, 2023), announcing yet another test for determining whether employer policies that are facially neutral might...more
The Federal Trade Commission issued a proposed rule on January 5, 2023, that would ban the use of so-called “non-compete” agreements, which are often used in certain industries to protect intellectual property and the...more
The Department of Labor recently issued a new proposed rule distinguishing between employees, who are covered by the Fair Labor Standards Act, and independent contractors, who are not. This follows on the heels of a rule...more
The subject of transgender Americans has been raised a lot recently, sometimes in political contexts, but regardless of the politics, it is important for employers to understand their obligations with respect to transgender...more
9/23/2022
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Disability ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Dysphoria ,
Gender Identity ,
Hiring & Firing ,
Job Applicants ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Almost every business uses remote workers these days. But the potential pitfalls of remote work include potential legal liability if care isn’t taken to ensure legal compliance....more
Pennsylvania employers must take note of major changes to Pennsylvania’s regulations regarding tipped employees that will take effect on August 5, 2022. Many of these changes differ from federal law, but must be followed,...more
Picture the following scenario: An employee engages in misconduct at work that results in suspension pending investigation and would normally probably end in termination. But at the time of the suspension, the employee...more
A recent EEOC case involving an executive who was fired after having an episode of depression underlines the importance of accommodating mental disabilities under the Americans with Disabilities Act (“ADA”).
In Equal...more
The parties in the case of Daneshgari v. Patriot Towing Services, LLC, No. A21A0887 (Ga.App. Oct. 21, 2021), had entered into a four-year non-compete agreement in June of 2016 that Daneshgari and his partner began to violate...more
Unionized employers in Illinois may have a useful defense to expensive employee BIPA lawsuits: the management rights clause and federal preemption law. A grievance might be a lot cheaper than a lawsuit....more
On January 27, 2021, the Third Circuit Court of Appeals let employers know that they cannot use recommendations from psychologists to justify disability discrimination in hiring. In Gibbs v. City of Pittsburgh, 989 F.3d 226...more
Anticipated Changes in Labor Law Under the Biden Administration -
With a new administration in place since January 20, 2021, companies can anticipate some significant changes in labor and employment law, mostly favoring...more
3/19/2021
/ Biden Administration ,
Department of Labor (DOL) ,
DLSE ,
Federal Labor Laws ,
NLRB ,
No-Rehire Provisions ,
Pending Legislation ,
Settlement Agreements ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
The U.S. Department of Labor has delayed for at least 60 days implementation of changes to the tip credit rules that would have taken effect on March 1. This delay cites the January 20, 2021, memorandum “Regulatory Freeze...more
As part of his State of the State address on January 11, 2021, Governor Cuomo announced changes in the calculation of unemployment benefits for part-time workers in New York. Previously, unemployed workers’ weekly benefits...more
The Department of Labor has issued new tipping regulations, to take effect on March 1, that make a few significant changes, some of which may be advantageous to hospitality employers....more
1/21/2021
/ Civil Monetary Penalty ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Minimum Wage ,
New Regulations ,
Recordkeeping Requirements ,
Restaurant Industry ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Wage and Hour
Exemption from overtime is dependent on two factors: an employee’s salary and an employee’s duties. Effective October 3, 2020, new regulations issued by Pennsylvania’s Department of Labor and Industry took effect....more
On September 30, employees of private employers in New York state will begin to accrue paid sick leave as a new law signed by Governor Cuomo on April 3, 2020, begins to take effect. The law requires most private employers in...more
On July 17, 2020, the U.S. Department of Labor released new forms for Family and Medical Leave Act (“FMLA”) leave. Their stated purpose is to make the process easier, ensure the completeness of the necessary information, and...more
Many employers have “no solicitation” policies for the workplace, prohibiting employees from soliciting for causes of any kind at work. These policies can be tricky to enforce when union solicitation is at issue....more
Beginning on March 15, 2020, employers will have to begin providing their Pittsburgh employees with paid sick leave pursuant to a Pittsburgh ordinance passed in 2015. Now that it has cleared judicial hurdles, the new law will...more
On August 9, the National Labor Relations Board released three proposed new rules designed to ease employees’ ability to avoid unionization or decertify unions.
The first amendment modifies the Board’s current policy...more