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A New Headache – New York’s Paid Family Leave

With the end of the calendar year in sight, employers must shift focus to ensure compliance with the New York State’s new Paid Family Leave (“PFL”) law, which goes into effect on January 1, 2018. The Good News – The PFL,...more

Where’s Your Harvey? How To Keep Your Company Out of the Headlines

Over the past year, we have all watched the garish spectacle of various sexual harassment scandals take down powerful men in media, Silicon Valley, and most recently Hollywood, where allegations of Harvey Weinstein’s lurid...more

New York City Salary History Ban Takes Effect October 31, 2017

On October 31, 2017, a new law goes into effect that prohibits employers in New York City from asking about, relying on, or verifying a job applicant’s salary history during the hiring process. This new law amends the New...more

The Salary Scare – The City’s Salary Ban Law Takes Effect

Happy Halloween New York City Employers! Just in time to scare even large employers, beginning October 31, 2017, it will be against the law for employers in New York City to ask about, rely on, or verify a job applicant’s...more

No Summer Breaks for the EEOC

As many of us settle into September, with fond memories of our summer vacations, do not think that the federal agencies were on a hiatus. In fact and despite predictions that the EEOC under the new administration would be...more

Are “Cute” Employees A New Protected Class in New York?

New York employers now have a new class of employees to be wary of – the “cute”. A New York appellate court just issued a decision reviving a gender discrimination claim brought by a female plaintiff, who alleged that she...more

Is Misogyny Protected Activity?

The blogs and networks have been buzzing over the past few days with news that a senior software engineer at Google – James Damore – had taken it upon himself to write and post on an internal Google mailing list a ten page...more

Are We Being Taped? – The Second Circuit Weighs in on Workplace Taping

In the era of the ever-present cell phone, where many people seem to video and record (and then post to social media) virtually everything that goes on in their lives, employers have tried to limit such activity in the...more

Gay Bias Is Still In The News

The Second Circuit has announced that it is scheduling en banc review and has asked the EEOC to weigh in on the controversial question of whether Title VII covers discrimination on sexual orientation. The court has invited...more

Should a Statement Made at Mediation Ever be Used in Court?

We have been watching with some concern recent developments in a much-publicized gender discrimination action filed in DC federal court by a female partner and practice group head in the Washington, D.C. office of Proskauer...more

The “Knife’s Edge”: Second Circuit Dulls the Standard of Proof Needed for a Hostile Work Environment

The Second Circuit recently reversed a district court’s dismissal of a hostile work environment claim brought by a Muslim plaintiff. In-house counsel and human resources executives should take heed of this decision, which...more

New York City Bans Employers From Making Inquiries Into Salary Histories

Private employers in New York City will soon be prohibited from asking about, relying on, or verifying a job applicant’s salary history. On May 4, Mayor Bill de Blasio signed the measure, which will go into effect on October...more

“Hiring Hazard” – NY City Employers May Soon Be Prohibited From Asking Applicants About Salary Histories

On April 5, 2017, the New York City Council approved a bill which – once signed by the Mayor (a virtual certainty) – will prohibit private employers in the City from asking about, relying on, or verifying a job applicant’s...more

Supreme Court Message – Be Wary of EEOC Subpoenas

On Monday, the Supreme Court held that appellate courts must utilize the deferential “abuse-of-discretion” standard when evaluating a ruling on a subpoena issued by the Equal Employment Opportunity Commission (“EEOC”)...more

Third Circuit Holds that Medical Resident May Bring a Title IX Claim Against a Private Hospital

Earlier this month, the Third Circuit Court of Appeals reversed the lower court’s dismissal of a medical resident’s Title IX suit against Mercy Catholic Medical Center in Philadelphia, which alleged that the plaintiff was...more

New EEOC Chair Says There Will be No “Major Changes” But – the DOJ Seems to be Calling a Truce in the Transgender Battle – What...

Are we getting a mixed message from the new administration on priorities in the civil rights area? In her first public comments since her appointment as the new acting chair of the EEOC, Victoria Lipnic just last week...more

2/16/2017  /  DOJ , EEO-1 , EEOC , Transgender , Trump Administration

Happy New Year and Be Aware of New NY State Salary Thresholds

NEW EXEMPT SALARY THRESHOLD – As the ball is dropping in Times Square, wage and hour regulations are changing for employers in New York. The New York Department of Labor has made it clear that on December 31, 2016, at...more

The DOL Will Appeal Injunction Suspending Regulations Raising the White Collar Salary Minimums

As we continue to follow the progress of the injunction suspending the Department of Labor’s regulations raising the salary minimums for the ‘white collar exemption’, on December 1, 2016, the DOL informed a Texas federal...more

Are the DOL Regulations Dead, or Just on Life Support?

As you finish your Thanksgiving preparations the last thing you needed was a major legal development in the area of Employment law – but we had one yesterday. On November 22, Judge Amos Mazzant, sitting in the Eastern...more

EEOC Continues its “Fight” Against Mandatory Flu Vaccines

Following up on a post from last week on the issue of mandatory flu vaccine policies, the EEOC seems to be on a march to challenge any employer – particularly hospitals – that denies an employee a requested exemption from a...more

‘Tis The Season for Sneezin’ – Where Does The Law Stand On Mandatory Flu Vaccines?

Fall is in the air – when the air becomes crisp, our thoughts turn to Halloween, turkey and — thanks to constant reminders — and our annual flu vaccine. Many health care facilities have implemented policies which...more

Is There a Change in the Wind for LGBTQ Law?

Unlike many of us, the courts were not on vacation during the month of August in the area of LGBTQ law. We have seen a number of rulings which seem to signal that the courts are trying to “slow down” the EEOC and other...more

A Conflicted 7th Circuit Holds Title VII Does Not Cover Sexual Orientation Discrimination

In a precedent-setting decision, the U.S. Court of Appeals for the Seventh Circuit ruled on July 28th that Title VII does not protect against sexual orientation discrimination. The case is Kimberly Hively v. Ivy Tech...more

Supreme Court Stays Fourth Circuit’s Ruling Affirming Transgender Students’ Bathroom Rights

The Supreme Court stayed a Fourth Circuit ruling that requires schools to allow transgender students to use the bathroom of the gender they identify as. We are monitoring the case for its impact on employers going forward. ...more

Lessons to be Learned from Uber’s “Wrong Turn” with a Private Investigation

In today’s era of social media and the internet, many of us have an insatiable desire for information and a knee jerk reaction when attacked: - What dirt can we find out about our adversary? This often happens...more

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