Supreme Court Holds that Rejected Rule 68 Offer of Judgment Does Not Moot Class Action

On January 20, 2016, the United States Supreme Court rejected a strategy recently used by some defendants to defeat class actions in their infancy. In Campbell-Ewald Co. v. Gomez, No. 14-857 (2016), a majority of the Court held that an unaccepted Rule 68[1] offer of judgment to a representative class action plaintiff does not moot the class action because the “case or controversy” still exists for a federal court to maintain jurisdiction over the lawsuit.   Continue Reading

EEOC Proposes New Pay Data Reporting Requirements for Employers

The United States Equal Employment Opportunity Commission (“EEOC”) has published proposed revisions to the requirements associated with the Employer Information Report (EEO-1). The EEO-1 already requires employers with more than 100 employees to provide certain employment information to the federal government, including the ethnic, racial and gender breakdown of their employees.  The proposed revisions would require employers to include in their EEO-1 reports information regarding aggregate data on pay ranges and hours worked.  Continue Reading

New York City Human Rights Law Expanded To Protect Caregivers

The New York City Human Rights Law (“NYCHRL”) forbids employment discrimination on the basis of a number of protected characteristics, such as age, race, creed, color, national origin, gender (including gender identity and sexual harassment), disability, marital status, partnership status, sexual orientation, alienage, and citizenship status. The NYCHRL applies to employers with four or more employees.  On January 5, 2016, New York City Mayor Bill de Blasio signed legislation expanding the NYCHRL to add “caregiver status” as an additional protected category for which employment discrimination is prohibited.  The new law goes into effect beginning May 4, 2016, to prohibit employment discrimination against employees caring for a minor child or an individual with a disability.  Continue Reading

New York City Commuter Benefits Law (NYCCBL) Makes Changes For Employers With a Workforce On the Go (Compliance Required by July 1, 2016)

This month a new law requiring certain New York City employers to provide pre-tax commuter benefits to their employees went into effect. Under the law, covered New York City employers must give full-time employees the opportunity to use up to $255 per month in pre-tax income to purchase qualified transportation fringe benefits. (N.Y. City Local Law 53 (2014)).  Although the law went into effect on January 1, 2016, the law provides a six-month grace period until July 1, 2016 for employers to begin offering commuter benefits to employees.  After July 1, 2016, the New York City Department of Consumer Affairs will begin enforcement of the NYCCBL which includes the authority to fine employers up to $250 per violation. Continue Reading

New Year, New Rules for Employers Doing Business in New Jersey

This past year New Jersey state and local legislatures implemented several employment laws that are set to take effect at the end of 2015 or in early 2016. This update summarizes these new legal requirements to help New Jersey employers prepare and comply in 2016. Continue Reading

New Year, New Rules for Employers Doing Business in New York

This past year the New York legislature and New York Department of Labor amended several employment laws implementing changes that are set to take effect at the end of 2015 or in early 2016. This update summarizes the new and updated legal requirements imposed by those amendments to help New York employers prepare and comply in 2016. Continue Reading

Arbitration Wars: Supreme Court Continues To Affirm The Supremacy of the FAA

The United States Supreme Court recently reversed a decision by the California Court of Appeal wherein the state court refused to enforce a class action waiver in an arbitration agreement. The Supreme Court enforced the class arbitration waiver holding that the Court of Appeal’s decision was pre-empted by the Federal Arbitration Act (FAA) as interpreted by the Court in AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), which held that class arbitration waivers are enforceable unless grounds exist at law or in equity for the revocation of any contract. Continue Reading

New Year, New Rules For Employers Doing Business in California

This year the California Legislature added over a dozen new employment laws, many of which take effect on January 1, 2016.  Some of these laws impose new prohibitions on employers, while others provide positive benefits such as safe harbors, cure provisions, and employer incentives for reclassification of certain independent contractors.  This update highlights key provisions in some of the new laws taking effect January 1, 2016.  Links to the statutes are provided. Continue Reading

Changes to California’s Piece-Rate Compensation Requirements

Assembly Bill 1513, will significantly change the requirements governing the payment of piece-rate compensation in California beginning January 1, 2016.  AB 1513 creates Labor Code section 226.2 which sets forth requirements for the payment of a separate hourly wage for rest and recovery periods and for “other nonproductive time” worked by piece-rate employees.  AB 1513 defines “other nonproductive time” as “time under the employer’s control, exclusive of rest and recovery periods, that is not directly related to the activity being compensated on a piece-rate basis.” Continue Reading

It’s Time to Review and Update Safety and Compliance Regimens – OSHA Penalties Set to Surge in 2016

For the first time since 1990, the Occupational Safety and Health Administration (OSHA) has been authorized to increase its civil penalties.  The provision was inserted into the expansive Bipartisan Budget Act of 2015, which was signed this month by President Barack Obama.   Continue Reading

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