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Jeffrey M. SchlossbergBlog Posts

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  • Ohio Court Reverses Enforcement of Employment Arbitration Agreement

    An Ohio appellate court reversed enforcement of an employment arbitration agreement, holding that the agreement was both substantively and procedurally unconscionable because it required the parties to submit to arbitration all claims arising among them, even those unrelated to the employment relationship.  Please click here for a complete analysis by our colleagues.… Continue Reading
    January 27, 2020
  • Disclosure of State Employees’ Birthdates Not Protected Per Washington Supreme Court

    The Washington State Supreme Court ruled recently that state employees’ birthdates associated with their names are not exempt from disclosure pursuant to a freedom of information records request. In so holding, the Court strictly construed the applicable statute that did not expressly exempt birthdates from disclosure. Wash. Pub. Emps. Assn. v. State Ctr for Childhood...… Continue Reading
    November 13, 2019
  • Federal Court: Federal Arbitration Act Preempts New York Law Banning Arbitration of Sexual Harassment Claims

    According to the Southern District of New York, the Federal Arbitration Act preempts the recently enacted New York State law that bars arbitration agreements of sexual harassment cases.   To read a complete analysis of one of the first decisions to rule on this issue, click here.… Continue Reading
    July 3, 2019
  • New York State Further Expands Anti-Discrimination Laws

    In addition to the laws expanding sexual harassment liability, the New York State Legislature also passed last week three laws that will bar employers from inquiring about applicants’ salary history, prohibit wage differentials based on protected class status, and ban race discrimination based on hairstyle.  For a complete review, see our article by clicking here.… Continue Reading
    June 26, 2019
  • Significant Expansion of Harassment Laws in New York State

    Employers in New York State will soon be faced with greater potential liability for sexual harassment under legislation passed last week.  The same law contains a variety of other changes governing workplace harassment.  For a complete summary see our article by clicking here.… Continue Reading
    June 25, 2019
  • 2019 EPLI Trends Report Published

    Workplace law changes constantly. Employers and EPL carriers need to keep up with expanding risks, changing legal obligations, reason-defying jury verdicts, the #MeToo movement, and a record number of threatened and asserted claims associated with these changes. Our 2019 EPLI Trends Report gives an overview of the related risks and exposures employers and, by extension,...… Continue Reading
    May 19, 2019
  • Music to Your Ears? Court Rules Bose Can Gather Your Music Listening Habits

    According to a recent decision from a federal district court in Illinois, Bose Corp. may monitor and collect information about the music and audio files consumers choose to play through its wireless products and transmit that information to third parties without the consumers’ knowledge. Such action does not violate the federal Wiretap Act or the...… Continue Reading
    April 17, 2019
  • Workplace Gossip May Lead to Title VII Liability, Fourth Circuit Holds

    An employer’s failure to stop a false rumor that a female employee slept with her male boss in order to obtain a promotion can give rise to liability under Title VII of the Civil Rights Act of 1964, according to a recent decision by the Court of Appeals for the Fourth Circuit. Parker v. Reema Consulting...… Continue Reading
    March 22, 2019
  • New Jersey: Non-Disclosure Provisions Prohibited in Settlement Agreements and Other Contracts

    In what could be the next wave of legislation, New Jersey has amended the State’s Law Against Discrimination to bar enforcement of non-disclosure provisions in settlement agreements and employment contracts.  For a complete discussion of the new law, effective March 18, 2019, please click here.… Continue Reading
    March 21, 2019
  • Federal Judge Reinstates Use of Revised EEO-1 Form, Effective Immediately

    A U.S. District Court has immediately restored the prior directives of the Equal Employment Opportunity Commission and Office of Management and Budget requiring use of a revised EEO-1 form where employers with at least 100 employees have to report detailed information on their employees’ wages and hours, broken down by gender, race, and ethnicity.  For...… Continue Reading
    March 7, 2019

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