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The Split Deepens: 2nd Circuit Holds that Title VII Bans Sexual Orientation Discrimination

The U.S. Supreme Court now has a greater incentive to resolve the issue of whether Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sexual orientation....more

Opioid Epidemic Spurs Increase in Drug Testing, Risks for Employers

The Department of Transportation (DOT) recently added four drugs at the heart of the nation's opioid epidemic to its drug testing panels: hydrocodone, hydromorphone, oxycodone and oxymorphone—the central ingredients in such...more

Me Too? Time for All Employers to Update their Anti-Harassment Policies

Sexual harassment has been headline news for many months now. It is almost impossible to go more than a few days without the headlines reporting another high-profile resignation or firing due to harassment allegations....more

A New Governor Takes Office: What NJ Employers Can Expect

Governor Phil Murphy—officially in office just two days—has already begun to implement many of the "progressive" policy changes he promised on the campaign trail and transform New Jersey into the "California of the East."...more

Nursing Mothers Are Now Protected Under the NJLAD

The New Jersey Law Against Discrimination (NJLAD) was amended to prohibit employers from discriminating against women who breastfeed or express milk during breaks....more

Labor Department Hits the Brakes on Class Actions by Interns

In yet another blow to Obama-era Department of Labor (DOL) precedent, the DOL recently eliminated its six-part test for determining whether interns can be deemed employees for purposes of the Fair Labor Standards Act (FLSA),...more

Employers Should Have Plan in Place for End of DACA

Employers who have employees authorized to work under the Deferred Action for Childhood Arrivals (DACA) program should start prepping for change in the next six months. Attorney General Jeff Sessions on September 5, 2017,...more

Massachusetts Top Court Permits Disability Discrimination Claim for Medicinal Cannabis

The Massachusetts Supreme Judicial Court (SJC) recently held in Barbuto v. Advantage Sales & Marketing, LLC that employees have a viable claim for disability discrimination under state law if they suffer an adverse employment...more

Expect Pro-Business, Pro-Employer Changes Under Trump Administration

When Donald Trump won the presidential election in November, management-side labor and employment lawyers everywhere scrambled to figure out what the changing administration would mean for our nation's employers and our...more

Mass. Pay Equity Law Brings Wave of Hiring Restrictions

Signaling a new era in employee pay equity, "The Act to Establish Pay Equity" will require Massachusetts employers to make sweeping changes in their pay and hiring practices. Among the most significant changes, the Act bars...more

CFPB Announces Consent Order with Employment Background Screening Report Providers

The Consumer Financial Protection Bureau’s (CFPB) announcement that it has entered into a consent order with two affiliated companies that generate and provide employment background screening reports serves as a reminder to...more

Second Circuit Deals a Blow to Unpaid Intern Classes

In a pair of closely watched decisions, the Second Circuit Court of Appeals overturned a federal trial court decision that granted class and conditional collective action certification to claims brought by a former unpaid...more

N.J. Supreme Court Decision in Harassment Case Mixed Bag for Employers

The New Jersey Supreme Court recently decided two key issues affecting claims of supervisory hostile work environment sexual harassment under the New Jersey Law Against Discrimination (“NJLAD”). In Aguas v. State of New...more

NLRB Issues Mixed Decisions When Applying Specialty Healthcare to Retail Industry

In two separate decisions, the National Labor Relations Board (NLRB) has extended to the retail industry the standard for recognizing what is an “appropriate” bargaining unit that it established in Specialty Healthcare and...more

Telecommuting May Be Reasonable ADA Accommodation for Some Workers, Sixth Circuit Holds

In a decision with possibly far-reaching consequences, the U.S. Court of Appeals for the Sixth Circuit recently held that an employer may be required to grant a telecommuting request as a reasonable accommodation under the...more

N.J. Court Upholds Criminal Indictment against Former Employee Who Took Confidential Documents

Recently, the Appellate Division of the New Jersey Superior Court upheld a criminal indictment against a former employee of the North Bergen Board of Education (the Board), which stemmed from the alleged theft of public...more

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