Consistent with its intent to relax scrutiny regarding the legality of employment policies (see here and here), the National Labor Relations Board (“NLRB” or “Board”) recently upheld, in LA Specialty Produce Co., two...more
On June 26, 2019, Judge Denise Cote, of the Southern District of New York, granted a motion to compel arbitration of an employment discrimination, retaliation and sexual harassment claim—despite recently passed NY law, NY...more
7/2/2019
/ Adverse Employment Action ,
Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Retaliation ,
Sexual Harassment
Many employers offer paid parental leave policies to employees, affording new parents paid time off to care for a new child. Though some employers offer paid parental leave to both new mothers and fathers of equal length,...more
6/4/2019
/ Caregivers ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Policies ,
Maternity Leave ,
Paid Time Off (PTO) ,
Parental Leave ,
Paternity Leave ,
Risk Management ,
Sex Discrimination ,
Title VII
In a lengthy April 29, 2019 Opinion Letter, the U.S. Department of Labor (“DOL”) examined the relationship between a virtual marketplace company (“VMC”) and its service providers. Applying a six-factor test derived from U.S....more
Recent #MeToo-inspired media attention to workplace sexual harassment claims has caused a number of states to pass employee-friendly legislation intended to help prevent such conduct. ...more
3/28/2019
/ #MeToo ,
Anti-Retaliation Provisions ,
Employer Liability Issues ,
Employment Contract ,
Harassment ,
Hostile Environment ,
New Legislation ,
Non-Disclosure Agreement ,
Regulatory Oversight ,
Settlement Agreements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
Following up on a recent post about the intricacies of mandatory arbitration agreements in the workplace, the New Jersey Appellate Division recently held that an arbitration clause that employees did not explicitly agree to...more
Just a reminder, the New Jersey Earned Sick Leave Act (the “Act”) went into effect on October 29, 2018.
Which employers are covered? The Act applies to all private New Jersey employers.
...more
Last week, both houses of the New Jersey Legislature passed a sweeping equal pay bill that Governor Phil Murphy is expected to sign promptly. When passed into law, it will be one of the most strict equal pay statutes in the...more
4/5/2018
/ Employer Liability Issues ,
Equal Pay ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Pending Legislation ,
Sex Discrimination ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
During a Congressional hearing on March 6th, Labor Secretary Alexander Acosta unveiled a six-month pilot program intended to encourage employers to self-audit and self-report accidental violations of the Fair Labor Standards...more
As we previously reported, the National Labor Relations Board (Board) on December 14, 2017 issued a decision in Hy-Brand Industrial Contractors scrapping a broad and controversial “joint employer” standard in favor of a...more
3/5/2018
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Deregulation ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Regulatory Reform ,
Staffing Agencies ,
Unions ,
Vacated ,
Wage and Hour
In a flurry of decisions late last week, the newly-constituted majority of the National Labor Relations Board (NLRB or the Board) issued a number of decisions that signal a less interventionist approach with respect to the...more
12/20/2017
/ Boeing ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Deregulation ,
Employee Handbooks ,
Employment Policies ,
Hiring & Firing ,
Joint Employers ,
Micro-Unions ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Regulatory Reform ,
Staffing Agencies ,
Unions ,
Wage and Hour