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Employee Whistleblower Protections Expanded Under New York Labor Law Section 740

On October 28, 2021, Governor Hochul signed legislation which expanded the scope of  whistleblower protection under New York Labor Law Section 740. The new amended law expands the scope of individuals protected, the definition of protected activity, and the types of employment related actions which can constitute retaliation, the remedies and the notice requirements for...
December 1, 2021

Transgender Discrimination Claims Continue to Evolve; Employers’ Should Take Note.

On October 23, 2021, the Northern District of Illinois partially denied a motion to dismiss a transgender female police officer’s lawsuit, filed under federal civil rights law 42 U.S.C. § 1983 and 740 ILCS 23/5(a) of the Illinois Civil Rights Act. In Arriaga v. Dart, No. 20 C 4498, 2021 U.S. Dist. LEXIS 204467, (N.D....
November 17, 2021

Ninth Circuit Rejects Ex-Tinder Employee’s Attempt to Avoid Arbitration

The Ninth Circuit Court of Appeals has ruled that an ex-Tinder employee must arbitrate her claims against her former employer and cannot pursue her claims in court, even though her claims arose before she executed an arbitration agreement. In reaching this decision, the Ninth Circuit not only enforced the broad language of the parties’ arbitration...
November 2, 2021

Motion Dismissed: At-Will Employee, Laid-Off During COVID-19 Shutdown, Cannot Recover Commissions

Relying on the parties’ written employment agreement and compensation plans, a California federal district court held that an at-will employee who was laid off due to COVID-19 could not recover commissions that were not fully earned prior to his termination.  Peak v. TigerGraph, Case no. 21-cv-02603 (Sept. 7, 2021). Background The employee, a sales professional...
October 22, 2021

Court Upholds Termination of Employee Who Used Prescription Medication That Was Prescribed 5 Years Earlier

A federal court in Indiana dismissed the disability discrimination and retaliation claims of a DOT-regulated driver who failed a random drug test due to prescription opioid use, holding that he did not sufficiently adhere to the employer’s policy or DOT regulations when he failed to produce a Safety Concern Letter from the prescribing physician.  Ross...
September 24, 2021

Federal Arbitration Act Partial Bar on California’s Ban on Mandatory Arbitration Contracts, Court Holds

The Federal Arbitration Act (FAA) only partially preempts California’s bar on mandatory arbitration agreements in employment, the U.S. Court of Appeals for the Ninth Circuit has held, vacating the preliminary injunction that had been in place since early-2020 and enjoining enforcement of the law with respect to arbitration agreements governed by the FAA. Chamber of Commerce of...
September 16, 2021

In the Crosshairs: U.S. Congress Again Takes Aim at Arbitration Agreements in Employment Context

In the U.S. Congress’ latest proposal to strike against arbitration, Judiciary Committee Chairman Jerrold Nadler and Labor Committee Chairman Robert C. “Bobby” Scott introduced the Restoring Justice for Workers Act.  The proposed legislation seeks to put an end to pre-dispute arbitration clauses in the employment context.  Significantly, a similar bill was introduced in October 2018...… Continue Reading
August 19, 2021

In Pennsylvania, Facial Expressions Matter.

A Pennsylvania court recently addressed whether a deponent could be compelled to remove a face mask during his deposition after the deponent refused, citing health concerns.  After rescheduling the deposition once, plaintiff’s counsel asked the Court to order the deponent to testify maskless given that he would be doing so alone in a room with...… Continue Reading
August 17, 2021

Pennsylvania Appellate Court Affirms State Medical Marijuana Law Provides Private Right Of Action

The Pennsylvania Superior Court has found, as a matter of first impression, that medical marijuana users may maintain a private action under the Pennsylvania Medical Marijuana Act (MMA), including a wrongful discharge action.  See Scranton Quincy Clinic Company, LLC, et al. v. Pamela Palmiter, Case No. 498 MDA 2020 (Pa. Super. Ct. Aug. 5, 2021)....… Continue Reading
August 16, 2021

Pittsburgh Extends Temporary COVID-19 Paid Sick Leave but Confusion Over Employers’ Obligations Persists

 On July 27, 2021, Pittsburgh Mayor Bill Peduto signed Section 626B of the City of Pittsburgh Code—also known as the Temporary COVID-19 Paid Sick Leave Ordinance.  Under the Ordinance, employers with over 50 employees must provide up to 80 hours of emergency paid sick leave for full-time employees, and a prorated amount of leave for...… Continue Reading
August 13, 2021

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