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Workplace law is changing at a rapid pace. Our attorneys stay on the cutting edge of the law and take pride in sharing their knowledge through timely and insightful updates.

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October 15, 2018

New York City Bill to Give Commercial Tenants More Power Over Lease Renewals Will Get Hearing

October 15, 2018

A bill to amend New York City law to establish conditions and requirements for commercial lease renewals with the aim of preserving small businesses will have its first hearing in the City Council since 2009 on October 22, 2018. If adopted, the “Small Business Jobs Survival Act” (SBJSA) would amend the administrative code of New York... Read More

October 10, 2018

Top Labor Law Developments for August and September 2018

October 10, 2018

President Donald Trump nominated Mark Gaston Pearce for a third term on the National Labor Relations Board (NLRB) on August 28. Pearce’s nomination came despite widespread criticism from Republicans and business groups who viewed Pearce as having taken an anti-business approach on many issues before the Board. It appears the... Read More

October 8, 2018

Supreme Court Hears Case on Enforceability of Arbitration Agreements for Transportation Workers

October 8, 2018

On October 3, 2018, the U.S. Supreme Court heard oral argument in New Prime Inc. v. Oliveira, No. 17-340. While the case turns on what may appear to be a simple question of statutory interpretation, the outcome could have profound consequences for employers throughout the transportation industry, for hundreds of thousands of independent... Read More

October 8, 2018

Kentucky Supreme Court Holds Employers May Not Require Arbitration Agreements as a Condition of Employment

October 8, 2018

On September 27, 2018, the Kentucky Supreme Court issued its opinion in Northern Kentucky Area Development District v. Snyder, No. 2017-SC-000277-DG, and held that Kentucky employers may not require employees to sign arbitration agreements as a condition of their employment.  In reaching its conclusion, the Court relied upon KRS... Read More

October 4, 2018

New York Law Requires Human Trafficking Informational Cards in Hotels, Considering Employee Training

October 4, 2018

All hotels in New York with at least five rooms will be required to post human trafficking “informational cards” throughout each hotel’s premises beginning October 14, 2018. The new statute (Ch. 190 of 2018) affords a hotel three options in selecting the “informational card” it will use: Create its own “informational card”;... Read More

October 3, 2018

Supreme Court Hears Age Discrimination in Employment Act Case

October 3, 2018

Does language in the Age Discrimination in Employment Act (ADEA) exempting “employers” with fewer than 20 employees apply to state governments or their subdivisions? Collin O’Connor Udell of Jackson Lewis attended the U.S. Supreme Court argument held on October 1, 2018, in Mount Lemmon Fire District v. Guido, No. 17-587. She wrote the... Read More

October 2, 2018

California Restricts Confidentiality Provisions Concerning Information Related to Sexual Harassment

October 2, 2018

California Governor Jerry Brown has signed three bills into law that restrict employers in the securement of non-disclosure, release, and non-disparagement agreements that attempt to limit parties in discussing sexual harassment-related factual information. Senate Bill 820 (SB 820) Settlement agreements that prevent an individual... Read More

October 2, 2018

New York State Issues Final Guidance Regarding Combating Sexual Harassment in the Workplace

October 2, 2018

The State of New York has issued final guidance on combating sexual harassment in the workplace. This includes updated guidance on the mandatory sexual harassment prevention policies and annual employee training applicable to employers in New York beginning October 9, 2018. The updated final guidance and other resources, including a... Read More

October 1, 2018

Claims of Workplace Harassment in California to Receive Greater Protections under New Law

October 1, 2018

Beginning January 1, 2019, new California law creates several new protections for employees bringing harassment claims. Highlights of Senate Bill 1300 (SB 1300) follows: Employer Responsibility for Nonemployees SB 1300 mandates that an employer may be responsible for the acts of nonemployees with respect to any type of... Read More

October 1, 2018

New California Law Requires Sexual Harassment Prevention Training for Supervisors and Non-Supervisors

October 1, 2018

California employers with at least five employees must provide sexual harassment prevention training and education to all supervisory employees and non-supervisory employees in California by January 1, 2020. Since 2005, employers with at least 50 employees have been required to train and educate all personnel in supervisory positions... Read More

October 1, 2018

California Governor Vetoes Bill Prohibiting Mandatory Arbitration Provisions in Employment Contracts

October 1, 2018

In a last-minute action on the September 30 legislative deadline, California’s Governor vetoed a bill that, among other things, would have imposed restrictions on the use of arbitration agreements for certain employment claims. Under vetoed Assembly Bill 3080, beginning on January 1, 2019, employers in California would have been... Read More

September 26, 2018

Labor Board Seeks Public Comments on Proposed Rule for Determining Joint-Employer Status

September 26, 2018

The National Labor Relations Board has published a proposed rule outlining a new standard for determining joint-employer status under the National Labor Relations Act. The Board’s decision to use its rulemaking authority — rather than fact-specific decisional law — could provide employers the clarity and predictability needed to avoid... Read More

September 26, 2018

Retail Industry Workplace Law Update – Fall 2018

September 26, 2018

Supreme Court Preview: 2018-2019 Term The U.S. Supreme Court’s docket for its 2018-2019 Term is full of cases significant to employers and businesses. Cases to watch involve questions on employment discrimination and class arbitration, among other things. Read full article … New Model Background Check Summary of Rights Released... Read More

September 25, 2018

New York City ‘Cooperative Dialogue’ Mandate Over Accommodations Requests Starts October 15

September 25, 2018

Employers covered by the New York City Human Rights Law (HRL) must engage in a “cooperative dialogue” with persons who may be entitled to reasonable accommodations under the HRL beginning October 15, 2018. This “cooperative dialogue” requirement is the result of a bill (Int. No. 804-A) passed December 19, 2017, by the New York City... Read More

September 25, 2018

Door-to-Door Salesmen, Chauffeur Drivers Not Entitled to Overtime Pay under ‘Fair Reading’ of FLSA, Second Circuit Finds

September 25, 2018

Acknowledging its obligation to give a “fair reading” to all Fair Labor Standards Act (FLSA) overtime exemptions, as the U.S. Supreme Court stated in Encino Motorcars, LLC v. Navarro, 138 S. Ct. 1134 (2018), in separate cases, the U.S. Court of Appeals for the Second Circuit concluded that door-to-door salespersons for an energy supply... Read More

September 24, 2018

Time Spent in Security Screening Compensable under Laws of Nevada and Arizona, Federal Court Rules

September 24, 2018

The laws of Nevada and Arizona require employers to pay their workers for time spent going through security screenings at the end of their shifts, the federal appeals court in Cincinnati has ruled. Busk et al. v. Integrity Staffing Solutions et al., Nos. 17-5784 and 17-5785 (6th Cir. Sept. 19, 2018). While the U.S. Supreme Court held... Read More

September 24, 2018

Construction Industry Finding Ways to Increase Capacities

September 24, 2018

Labor shortages in the construction industry have contributed to curbed appetites for infrastructure reform on Capitol Hill, at least for now. The Trump Administration, adverse to the strategy of importing laborers with seasonal workers and temporary visas or exporting jobs to cheap-labor countries, is deploying federal resources to... Read More

September 24, 2018

A Kinder, Gentler OSHA for Construction?

September 24, 2018

While President Donald Trump’s choice to lead the Occupational Safety and Health Administration (OSHA) is awaiting Congressional confirmation, key agency decision makers are listening to the construction industry. J. Gary Hill, Chairman of National Association of Home Builders’ Construction Health and Safety Committee, had testified... Read More

September 24, 2018

Supreme Court Preview: 2018-2019 Term

September 24, 2018

The U.S. Supreme Court will begin its 2018-2019 Term with a docket full of cases significant to employers and businesses. Cases to watch involve questions on employment discrimination and class arbitration, among other things. Age Discrimination in Employment Act On the first day of the term, October 1, 2018, the Court will hear... Read More

September 21, 2018

Help Wanted: What is Driving Labor Shortages in Construction?

September 21, 2018

A “Help Wanted” sign hangs over the construction industry. With job openings outnumbering job seekers, construction firms are experiencing a real pinch in available labor. The Associated General Contractors of America (AGC) reports that 300,000 new jobs were created in the past year, at a time when the unemployment rate is low. Demand... Read More

Showing 1-20 of 4157