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The U.S. Department of Labor has issued a final rule amending the regulatory definition of “spouse” under the Family and Medical Leave Act (“FMLA”).  We earlier reported on the DOL’s proposed rule to this effect, which is now final and will become effective on March 27, 2015. 
Continue Reading DOL Issues Final Rule Amending FMLA Definition of “Spouse” to Include Same-Sex Marriages

The U.S. Department of Labor has proposed amending the regulatory definition of “spouse” under the Family and Medical Leave Act to expressly include individuals in same-sex marriages.

In a Notice of Proposed Rulemaking published on June 27, 2014, the DOL proposed the revision in light of the recent United States Supreme Court decision in United States v. Windsor, which found unconstitutional those provisions of the Defense of Marriage Act that prohibited federal recognition of same-sex marriages.


Continue Reading DOL Proposes to Amend FMLA Definition of “Spouse” to Include Same-Sex Marriages

Effective March 24, 2014, a new rule from the Office of Federal Contract Compliance Programs will require federal contractors and subcontractors to take additional steps to recruit, hire, and retain individuals with disabilities, including surveying employees regarding their disability status and making efforts to employ a minimum of seven percent disabled workers.
Continue Reading Federal Contractors Face New Requirements Regarding Recruitment, Hiring, and Identification of Individuals with Disabilities

New Jersey’s law prohibiting discrimination against the unemployed in job advertisements – the first of a new crop of similar state and municipal laws – is constitutional, according to a recent New Jersey appeals court decision.
Continue Reading Court Upholds New Jersey’s Ban on Unemployment Discrimination in Job Advertisements

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 more stringent pleading requirements under the city law, as compared to the state law.
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

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 employees, baristas and shift supervisors, but not to its two higher ranking categories of employees, assistant managers and store managers. In addressing questions certified by the Second Circuit regarding the validity this policy, the Court of Appeals concluded that since shift supervisors, like baristas, directly serve patrons, they remain tip-pool eligible even if their role also involves some supervisory responsibility. But assistant managers, because they are granted “meaningful authority” over subordinates, are not eligible to participate in the tip pool.


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