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All Single User Restrooms In California Must Now Welcome All Genders

AB 1732, California’s Equal Restroom Access Act, goes into effect today, March 1, 2017.  Accordingly, all single-user toilet facilities in any California business establishment, place of public accommodation, or state or local government agency must be identified as all-gender toilet facilities.  A single-user toilet is “a toilet facility with no more than one water closet … Continue Reading

Six Considerations For Employers Faced With The Ebola Virus Or Other Infectious Diseases

As the Ebola virus has spread to a second city in the United States, and with the potential for additional cities to be affected, many businesses are faced with the difficult task of determining how to properly handle their workforce in the face of such an epidemic.  While there are many concerns employers may have … Continue Reading

Employer Permitted to Use “After-Acquired” Evidence at Discrimination Trial

In Weber v. Fujifilm Medical Systems USA Inc., et al., case numbers 13-4891 and 14-0206, decided on October 9, 2014, the U.S. Court of Appeals for the Second Circuit held that a former executive’s employer could use “after-acquired” evidence – evidence of an employee’s misconduct during the period of employment which the employer discovers after … Continue Reading

US v. Quality Stores, Inc.: Supreme Court Finds Severance Payments Taxable Wages Under FICA

In an 8-0 decision[1] issued March 25, 2014 in United States v. Quality Stores, Inc., the Supreme Court held that severance payments made to employees who are involuntarily terminated are taxable wages for the purposes of withholding Federal Insurance Contributions Act (“FICA”) taxes, i.e., Social Security and Medicare.  This decision resolves a circuit split created … Continue Reading

Davis-Bacon CityCenterDC Case

In a recent decision out of the U.S. District Court for the District of Columbia, Judge Amy Jackson held that the Davis-Bacon Act (“Davis-Bacon”) did not apply to a privately-funded development of privately-maintained buildings to be occupied by private citizens and businesses.  Judge Jackson’s decision overturned the original decision of the Department of Labor’s (“DOL”) … Continue Reading

NLRB Abandons Fight Over Mandatory Workplace Poster Rule

For over two years, the National Labor Relations Board (the “Board”) fought to require employers to post in their workplaces a notice of employee rights under the National Labor Relations Act (“NLRA”).  Those efforts met with stiff opposition from employers, and now appear to have come to an end.… Continue Reading

Update: New York Department of Labor Issues Final Wage Deduction Regulations

As we detailed in a previous posting (available here), in September 2012, Governor Cuomo signed into law new legislation which permits employers to make additional deductions from employees’ paychecks. Among other things, the bill amended Section 193 of the New York Labor Law to authorize employers to make deductions from an employee’s wages to recover … Continue Reading

New York Court of Appeals Places Burden on Employer to Plead that Employee Seeking Indefinite Leave Cannot Satisfy the Essential Requisites of the Job

The New York Court of Appeals recently overturned the dismissal of an employee’s discrimination claim under the New York City Human Rights Law (“NYCHRL”), while at the same time upholding the dismissal of the employee’s disability claims under the New York State Human Rights Law (“NYSHRL”).  In doing so, the Court of Appeals emphasized the … Continue Reading

New Jersey Law Now Protects Employees Who Ask Fellow Employees (or Former Employees) for Their Salary Information

Effective August 29, 2013, New Jersey’s Law Against Discrimination prohibits employer reprisals against an employee who asks another employee, or former employee, for her rate of pay, as well as other information such as the other employee’s benefits, job category, race, ethnicity or national origin.  To be protected, however, the employee’s request must be for … Continue Reading

New Jersey Employers May Not “Like” State’s New Social Media “Privacy Settings”

On August 29, 2013, New Jersey Governor Chris Christie signed into law a new measure prohibiting employers from requiring employees or job applicants to provide login information or allow employer access to their accounts on social media sites such as Facebook, Twitter, and YouTube. While, under the law, employers may still view any publicly available … Continue Reading

New Jersey Supreme Court Expands State Law Retaliation Claims

On July 17, 2013, the Supreme Court of New Jersey expanded the state’s already broad Law Against Discrimination (LAD), holding that an employee’s complaints about inappropriate workplace conduct need not identify any specific victim of discrimination or harassment to constitute protected activity. Rather, the court held, complaints about derogatory comments concerning a protected class can … Continue Reading

New York State Court of Appeals Backs Starbucks Policy on Tip-Pooling

Starbucks shift supervisors can legally participate in tip-sharing with other store employees, but the coffee chain’s assistant managers have enough managerial responsibility to disqualify them from sharing in customer tips, according to the New York State Court of Appeals. Starbucks’ policy provides for weekly distribution of gratuities to the company’s two lower ranking categories of … Continue Reading

UPDATE: New York City Council Overrides Mayor Bloomberg’s Veto And Enacts The Earned Sick Time Act Requiring Mandatory Paid Sick Leave

As previously reported, on May 8, 2013, the New York City Council, by a vote of 45-3, passed the Earned Sick Time Act (the “Sick Leave Act”). On June 7, 2013, Mayor Bloomberg vetoed the Sick Leave Act, citing a possible chilling effect on hiring. As expected, on June 27, 2013, the City Council overrode … Continue Reading

Update: New York Department of Labor Releases Proposed Wage Deduction Regulations

As we detailed in a previous blog post (available here), in September 2012, Governor Cuomo signed into law new legislation which permits employers to make additional deductions from employees’ paychecks. Among other things, the bill amended Section 193 of the New York Labor Law to authorize employers to make deductions from an employee’s wages to … Continue Reading

Second Circuit Overturns Class Certification Order in Assistant Branch Manager Overtime Case

On May 29, 2013, the United States Court of Appeals for the Second Circuit issued its opinion in Cuevas v. Citizens Financial Group, Inc. and RBS Citizens, N.A., Case No. 12-2832, reversing the Eastern District of New York’s grant of Rule 23 class certification to a putative class of Assistant Branch Managers (“ABMs”) alleging that … Continue Reading

E.D.N.Y. Judge Reverses Course: Rule 41 Stipulation of Voluntary Dismissal in FLSA Action Does Not Require Court Approval

On February 22, 2013, U.S. District Judge Brian Cogan reversed his prior decision that required a plaintiff to seek court approval of a settlement before her action under the Fair Labor Standards Act (“FLSA”) could be voluntarily dismissed. In Picerni v. Bilingual SEIT & Preschool, Inc., No. 12 Civ. 4938 (BMC) (E.D.N.Y. Feb. 22, 2013), … Continue Reading

Who Owns Your Online Persona?

By Paul Cowie and Wayne Chang This article was originally published by The Recorder. Eagle v. Morgan, 2013-11-4303 (E.D. Pa. 2013), represents one of the first trials on the issue of who owns social media accounts: the individual employee who first created the account or the employer whose business was promoted using the account? In … Continue Reading
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