The Court's decision in Muldrow v. St. Louis requires plaintiffs to prove "some injury" respecting employment terms or conditions in discrimination cases....more
4/25/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
On November 17, 2023, New York Governor Kathy Hochul signed a law—which is effective immediately—banning clauses in agreements settling discrimination, retaliation, or harassment claims from requiring a complainant to pay...more
11/27/2023
/ Breach of Contract ,
Confidentiality Agreements ,
Confidentiality Policies ,
Employees ,
Employer Responsibilities ,
Employment Contract ,
Employment Discrimination ,
Labor Regulations ,
New Legislation ,
New York ,
Non-Disclosure Agreement ,
Settlement Agreements ,
State and Local Government
The New York State Department of Labor has published amended WARN regulations that provide guidance on a number of topics, including treatment of remote workers, applicability of exemptions, pay in lieu of notice, calculating...more
New York City regulators have finalized rules implementing the city's law requiring bias audits of automated employment decision tools, publication of audit results, notice to employees, and other requirements....more
In Short -
The Situation: On January 10, 2023, New Jersey Governor Phil Murphy signed A-4768, which started a 90-day countdown to the effective date of amendments (S-3170) to New Jersey's WARN Act, the Millville Dallas...more
In Short -
The Situation: On December 29, 2022, President Biden signed the Pregnant Workers Fairness Act ("PWFA") and the Providing Urgent Maternal Protections for Nursing Mothers Act ("PUMP Act") into law....more
Under legislation signed into law last week, New York employers cannot assess points, deduct time from a time bank, or otherwise penalize an employee for using a legally protected absence. The law takes effect February 20,...more
In Short -
The Situation: Faced with a tight labor market, U.S. employers in the food industry are increasingly relying upon temporary labor to meet their staffing needs. ...more
On March 3, 2022, President Biden signed into law H.R. 4445, titled "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021" ("Act"). The law amends the Federal Arbitration Act to prohibit employers...more
3/18/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Biden Administration ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
New Legislation ,
Sexual Assault ,
Sexual Harassment
D.C. Circuit calls for broadening the scope of Title VII's antidiscrimination provision.
On February 19, 2021, a panel of the U.S. Court of Appeals for the D.C. Circuit urged the full court to change the standards that...more
A Department of Labor rule provides that payments other than fixed salary are compatible with the fluctuating workweek method of calculating overtime pay under the FLSA.
The Department of Labor's Final Rule, which took...more
On May 9, 2018, New York City Mayor Bill de Blasio signed legislation designed to combat workplace sexual harassment. Similar legislation was passed as a part of the New York State Budget enacted on April 12, 2018. To ensure...more
5/23/2018
/ #MeToo ,
Commission on Human Rights ,
Department of Labor (DOL) ,
Employee Training ,
Employer Liability Issues ,
Federal Arbitration Act ,
Hiring & Firing ,
Independent Contractors ,
Mandatory Arbitration Clauses ,
Mayor de Blasio ,
Non-Disclosure Agreement ,
Sexual Harassment ,
State Labor Laws
Valera v. AE Liquidation, Inc., the Third Circuit Court of Appeals agreed with five other circuits in holding that WARN notice was not required where an external event outside the employer's control triggering layoffs was...more
8/30/2017
/ Appeals ,
Chapter 11 ,
Chapter 7 Conversions ,
Class Action ,
Commercial Bankruptcy ,
Corporate Counsel ,
Employer Liability Issues ,
Exceptions ,
Furloughs ,
Insolvency ,
Layoffs ,
Popular ,
Purchase Agreement ,
Summary Judgment ,
WARN Act