On July 15, 2015, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued Administrator’s Interpretation No. 2015-1, adopting a very expansive interpretation of the definition of employees under the Fair Labor...more
Late last month, the Supreme Court handed down a significant decision affecting rights and obligations under the Fair Housing Act. The Court’s 5-4 decision in Texas Department of Housing and Community Affairs v. Inclusive...more
7/22/2015
/ Affordable Housing ,
Burden of Proof ,
Disability Discrimination ,
Discrimination ,
Disparate Impact ,
Fair Housing Act (FHA) ,
Housing Developers ,
Landlords ,
Pleading Standards ,
Property Managers ,
Race Discrimination ,
Reasonable Accommodation ,
SCOTUS ,
Standard of Review ,
Tax Credits ,
Texas Dept of Housing v Inclusive Communities ,
Title VII ,
Urban Planning & Development
On July 2, 2015, the U.S. Court of Appeals for the Second Circuit adopted a “primary beneficiary” test for evaluating whether unpaid interns are employees for purposes of the Fair Labor Standards Act (FLSA). Rejecting a...more
On July 6, 2015, the U.S. Department of Labor published a long-awaited Notice of Proposed Rulemaking (NPRM) to amend the Fair Labor Standards Act (FLSA) regulations implementing the exemption from minimum wage and overtime...more
On June 29, 2015, Mayor de Blasio signed the Fair Chance Act, a new law that generally prohibits New York City employers from discriminating against job applicants with a criminal record and that prohibits inquiries about...more
President Obama’s Executive Order 13673, called the Fair Pay and Safe Workplaces Order, uses the prospect of gaining or losing an edge in winning government contracts to provide a powerful incentive for employers to comply...more
6/26/2015
/ Barack Obama ,
Competitive Bidding ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Draft Guidance ,
Employer Mandates ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Public Comment ,
Public Procurement Policies
On May 6, 2015, New York City Mayor Bill de Blasio signed into law a bill barring employers in New York City from discriminating against employees and applicants based on their consumer credit histories. The exceptions to...more
On April 1, 2015, the Securities and Exchange Commission (“SEC”) announced an enforcement action and corresponding settlement arising out of an employer’s confidentiality agreement. The SEC contended that the agreement...more
District of Columbia employers now face and are soon to face a number of new laws affecting a wide range of issues, including wage payments, recording of hours worked, pregnancy accommodations, concealed weapons in the...more
2/10/2015
In an effort to increase protection for vulnerable patient populations, the Affordable Care Act (ACA) creates incentives for states to strengthen the employment background check programs available to long-term care providers....more
11/25/2014
/ Affordable Care Act ,
Background Checks ,
Criminal Background Checks ,
Department of Health and Human Services (HHS) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health Care Providers ,
Hiring & Firing ,
Hospitals ,
Job Applicants ,
Physicians
Title III of the Americans with Disabilities Act (ADA), as amended, mandates that private entities offering examinations or courses related to certain applications, licensing, certification, or credentialing ensure that such...more
For the first time in more than 30 years, on July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) overhauled its guidance on pregnancy discrimination issues—broadening anti-discrimination coverage and...more
As its landmark initiative, the Obama Administration’s Office of Federal Contract Compliance Programs (“OFCCP”) issued expansive new regulations requiring government contractors to undertake greater efforts to employ...more
The New York Non-Profit Revitalization Act of 2013 (the “Act”) was signed into law December 18, 2013, and the bulk of its provisions will take effect July 1, 2014. As we reported in our previous alert on the subject, the...more
On June 24th, the Supreme Court issued two important decisions that narrow the circumstances under which employers can be held liable for retaliation or harassment claims under Title VII of the Civil Rights Act of 1964. In...more
7/9/2013
/ But For Causation ,
Causation ,
Civil Rights Act ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
SCOTUS ,
State and Local Government ,
Supervisors ,
Title VII ,
UT Southwestern Medical v Nassar ,
Vance v. Ball State University
In its April decision in Genesis Healthcare Corp. v. Symczyk, the U.S. Supreme Court buttressed employers’ efforts to “pick off” named plaintiffs in collective actions for unpaid wages brought under the Fair Labor Standards...more
In UPMC Braddock v. Harris, the U.S. District Court for the District of Columbia upheld the U.S. Department of Labor’s Arbitration Review Board decision treating hospitals as government subcontractors subject to the equal...more
Hiring a lawyer for a general counsel role – either in-house or by retaining outside counsel to perform that role – can benefit organizations in countless ways. Unlike outside attorneys who are consulted on a piecemeal basis,...more
Employers have routinely asked employees who sign separation or settlement agreements to agree that they will not encourage or assist other employees in filing lawsuits or charges, subject to the caveat that the employee may...more
On January 8, 2013, a National Labor Relations Board (“NLRB”) administrative law judge ruled that a proprietary/confidential information provision in Quicken Loan’s employment agreement with its mortgage banker employees...more