Legislators in New York have passed a bill that would prohibit non-compete agreements. Governor Kathy Hochul has expressed support for “banning agreements that limit workers’ ability to move and work freely,” but it is...more
On July 9, 2021, President Biden signed an “Executive Order on Promoting Competition in the American Economy”, which encouraged the Federal Trade Commission (the “FTC”) to “exercise the FTC’s statutory rulemaking authority...more
On May 26, 2020, the Center for Disease Control and Prevention (“CDC”) released its anxiously awaited Interim Guidelines for COVID-19 Antibody Testing (the “Guidelines”). As set forth in further detail below, the Guidelines...more
New York State has begun its slow and deliberate process of re-opening on May 15, 2020. Governor Cuomo has established both a regional and industry approach for how the state will re-emerge following the state-wide Executive...more
As bars, restaurants, theatres, sporting and entertainment events, gyms, casinos, movie theatres, and other establishments shutter globally in response to the COVID-19 pandemic many employers have been forced to consider...more
On May 15, 2018, Maryland Governor Lawrence J. Hogan signed into law H.B. 1596, the Disclosing Sexual Harassment in the Workplace Act of 2018 (the “Act”), expanding employee rights and remedies under state sexual harassment...more
On March 30, 2018, the New York State Assembly completed passage of the 2018-19 state budget. Undoubtedly spurred by the #MeToo movement, the final budget measure, which is expected to be signed into law by Governor Andrew...more
Newton’s Third Law of Physics states that “for every action, there is an equal and opposite reaction.” A recent Complaint filed in the Southern District of New York suggests that this principle may also hold true for the...more
In the last several weeks, allegations of rampant sexual harassment have shocked the collective conscience. With the assistance of social media, what started as an allegation against a Hollywood mogul snowballed into a...more
On July 24, 2017, the Second Circuit Court of Appeals rejected a federal district court’s approval for a class of roughly 69,000 women claiming that Sterling Jewelers, Inc. (“Sterling”) discriminated against them based on...more
Recently, in McLane Co., Inc. v. EEOC, case number 15-1248 , the United States Supreme Court clarified the standard for when an appellate court reviews a trial court’s order to enforce or quash a subpoena from the EEOC....more
On December 5, 2016, the Seventh Circuit affirmed dismissal of a complaint filed by two University of Pennsylvania track and field athletes against the National Collegiate Athletic Association, the university, and more than...more
The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, imposes various obligations on employers with respect to members of the U.S. military returning to their civilian...more
Recently in Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., No. SJC-11901, 2015 WL 10937776 (Mass. May 31, 2016), the Supreme Judicial Court of Massachusetts held, as a matter of first impression, that...more
The Organisation for Economic Cooperation and Development (“OECD”), an international organization whose goal is to promote policies that will improve the economic and social well-being of people across the world, recently...more
On June 29, 2015, New York City Mayor Bill de Blasio signed into law the Fair Chance Act (the “Act”), which prohibits employers from inquiring into the criminal backgrounds of certain job applicants in the initial stages of...more
The use of big data in employment decisions—a practice often referred to as “people analytics”—has exploded in recent years. Lately, however, the concept is gaining more and more attention not only for its appeal of faster...more
11/4/2015
/ Analytics ,
Big Data ,
Class Action ,
Disparate Impact ,
Dukes v Wal-Mart ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Popular ,
Recruitment Policies ,
Software ,
Technology Sector
Following the excitement of the same-sex marriage decision by the U.S. Supreme Court on June 26th, the question remains how much the Opinion may impact Title VII employment discrimination claims. Based on our reading of the...more
7/8/2015
/ Anti-Discrimination Policies ,
Corporate Counsel ,
Discrimination ,
Equal Protection ,
Marriage ,
Marriage Equality ,
Obergefell v. Hodges ,
Popular ,
Same-Sex Marriage ,
SCOTUS ,
Sex Discrimination ,
Title VII
On June 10, 2015, the New York City Council passed the Fair Chance Act (the “Act”), which prohibits employers from inquiring into the criminal backgrounds of applicants in the initial stages of the employment application...more
6/15/2015
/ Ban the Box ,
Best Management Practices ,
Criminal Background Checks ,
Criminal Records ,
Discrimination ,
Employer Liability Issues ,
Enforcement ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
NYCHRL ,
Screening Procedures
On December 31, 2014, the Court of Appeal for the Second District of California held in an unpublished opinion that employers are not required to relieve employees of all duty during rest periods mandated by California state...more
On October 8, 2014, the U.S. Supreme Court heard oral argument in Integrity Staffing Solutions, Inc. v. Busk. In Busk, plaintiffs allege that, under the FLSA, their employer should have compensated them and other warehouse...more
Following principles that federal courts have applied in similar cases under the Fair Labor Standards Act, a California appellate court recently confirmed that employers are not liable under the California Labor Code for...more
The National Labor Relations Board (“NLRB”) recently announced that it would not seek Supreme Court Review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule, which would have required most...more
With the increasing prominence of social media, employers have been rightfully concerned about the impact of employees’ out-of-work statements on the work place—particularly when it comes to the reputation of the employer. In...more
Earlier this month in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), the U.S. Supreme Court held that it is permissible for defendants to “pick off” plaintiffs in FLSA collective actions. In jurisdictions that...more