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General Counsel Memorandum Maps New Direction for the National Labor Relations Board (NLRB)

On December 1, 2017, recently appointed General Counsel Peter B. Robb (“Robb”) of the National Labor Relations Board (“the Board”) issued a memorandum outlining the direction he intends to guide the prosecutorial arm of the...more

Effective November 26, 2017: New York City Retail and Fast Food Employers Subject to New Fair Workweek Law

On November 26, New York City will implement a package of laws, dubbed the “Fair Workweek Law” (Law). The package of five laws states that retail and fast food employers in New York City must provide employees with...more

October 1, 2017: Connecticut Employers Subject to New Law Protecting Pregnant Employees

Connecticut has joined a growing trend of states and municipalities expanding the protections afforded to pregnant employees and applicants. Connecticut’s new law, effective October 1, 2017, entitled An Act Concerning...more

No Right to Union Representation for Non-Mandatory Participation in Peer Review Proceedings – DC Circuit Court Overrules NLRB

Most states, including Connecticut and Massachusetts, have laws that allow hospitals and other health care institutions to establish confidential peer review programs to oversee the quality of care provided by their health...more

Second Circuit Reverses ADA Jury Verdict for Pharmacist with Fear of Needles

In Stevens v. Rite Aid Corp., No. 15-277 (March 21, 2017), the U.S. Court of Appeals for the Second Circuit reversed a jury award of almost $2 million in favor of a pharmacist who suffered from a fear of needles because he...more

Connecticut Supreme Court Explains Remedies Available to Employers Winning Breach of Duty of Loyalty Claims against Employees

In Wall Systems, Inc. v. Pompa, No. SC19734 (Mar. 7, 2017), the Connecticut Supreme Court explained the legal and equitable remedies available to employers that win breach of duty of loyalty claims against their current or...more

Think You Can Verify Salaries? Think Again: Massachusetts Passes Comprehensive Pay Equity Law, Bans Pay History Inquiries

On August 1, 2016, Massachusetts joined a growing state and federal trend by passing a comprehensive “pay equity” law. Indeed, the focus on equitable pay has been a major priority for the Obama Administration since 2009, when...more

The New FLSA Overtime Rule: No Major Surprises Here

On May 18, 2016, the United States Department of Labor (U.S. DOL) announced the publication of its highly anticipated Final Rule updating the overtime exemption regulations pertaining to the Fair Labor Standards Act (FLSA)....more

President Obama Signs Law Providing Federal Trade Secret Protections

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (DTSA), providing a federal civil cause of action for the misappropriation of trade secrets under the Economic Espionage Act. Both the Senate...more

Employee or Independent Contractor? Connecticut Supreme Court Relaxes Burden of Proving Independent Contractor Relationships under...

The risk of liability for misclassifying employees as independent contractors has been high due to federal and state enforcement initiatives, information-sharing arrangements, and complex legal tests for determining whether a...more

HR Managers May Be Held Personally Liable for FMLA Violations, and Second Circuit Formally Adopts Tests for FMLA Interference and...

In Graziadio v. Culinary Institute of America, the United States Court of Appeals for the Second Circuit1 ruled that a human resources director could be personally liable as an “employer” for violating an employee’s rights...more

Gender Discrimination and Your Workforce: Compliance Considerations for 2016

Planning for gender equity in compensation and all employment decisions is critical for every employer, and is worth discussing with your professional advisors as the law changes. Starting in 2017, employers with more than...more

Court “Likes” NLRB’s Determination that Facebook Posts Are Protected under the NLRA

The Second Circuit Court of Appeals recently upheld the National Labor Relations Board’s (NLRB) decision that employees’ Facebook posts are protected by the National Labor Relations Act (NLRA). Three D, LLC d/b/a Triple Play...more

The OFCCP’s War Path: Federal Contractors Take Note

Subject to very limited exceptions, employees of federal contractors must be permitted to discuss their compensation without retaliation or fear of intimidation. Federal contractors will be required to provide paid sick...more

NLRB Extends Its Email Rule to the Health Care Workplace

The National Labor Relations Board (Board) continues its scrutiny of employer policies—this time striking down an email policy designed to ensure that health care employees provide patient care without distraction. UPMC, 362...more

NLRB Extends Its Email Rule to the Health Care Workplace

The National Labor Relations Board (Board) continues its scrutiny of employer policies—this time striking down an email policy designed to ensure that health care employees provide patient care without distraction. UPMC, 362...more

Board’s Decision Revises Joint-Employer Status Test

On August 27, 2015, the National Labor Relations Board (Board) issued a split decision (3-2) that drastically changes the test for determining whether an entity is considered a “joint employer” for purposes of collective...more

U.S. Department of Labor Proposes New Rule Raising the Salary Basis for “White-Collar” Overtime Exemptions and Soliciting Comments...

On June 30, 2015, the United States Department of Labor (DOL) issued a Notice of Proposed Rulemaking seeking comments on the DOL’s proposal to raise the salary threshold for the so-called “white-collar” exemptions from $455...more

New York City Bans Use of Consumer Credit History for Employment Purposes

New York City enacted legislation (Int. No. 261-A ) on May 6, 2015, making it unlawful for a covered entity to use an applicant’s or employee’s consumer credit history in connection with that person’s employment. The law...more

Federal FMLA in Flux: “Spouse” Revised and “Expired” Forms Revived

The U.S. Department of Labor’s (DOL) Wage and Hour Division announced a Final Rule revising the regulatory definition of "spouse" under the Family and Medical Leave Act of 1993 (FMLA). Effective March 27, 2015, the federal...more

NLRB Revised Election Rules Set to Take Effect in April

The revisions to the National Labor Relations Board’s (NLRB) union election rules that will make it much easier for unions to organize employees are set to take effect on April 14, 2015. These revisions include, but are not...more

Connecticut DOL Issues Guidance and Poster Addressing Amendments to Paid Sick Leave Law

With the enactment of the amendments to the Connecticut Paid Sick Leave Act, the Connecticut Department of Labor issued an updated guidance, along with an updated poster, for employers. The amendments, which became...more

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