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Employment Law

Supreme Court could address LGBT bias

01/31/2019
The U.S. Supreme Court could decide in the next few weeks whether to hear cases that ask if Title VII’s prohibition of discrimination on the basis of sex also bans discrimination against lesbian, gay, bisexual and transgender employees.

RICO doesn’t cover employment law violations

01/31/2019
An employer has won a case that could have greatly complicated employment law litigation. A federal court has refused to allow a Racketeer Influenced and Corrupt Organizations Act claim against an employer for using phones and the internet to discuss terminating an employee.

EEOC, DOJ cooperate to stop public-sector harassment

01/31/2019
The EEOC and the U.S. Department of Justice have signed a memorandum of understanding that will allow faster federal intervention in sexual harassment complaints involving state and local government employees.

Pot business’s FLSA defense goes up in smoke

01/31/2019
State and municipal laws legalizing marijuana sales for recreational and medicinal purposes have created a legal limbo.

N.Y. legal update: Preventing data breaches, criminal records checks

01/29/2019
This month, we bring you news on data breaches and further restrictions on using criminal records in the hiring process.

Contractor pays $2.8 million for prevailing wage violations

01/29/2019
Federal contractor Fedcap Rehabili­tation Services has agreed to pay more than $2.8 million to 443 em­­ployees at 17 locations to settle charges the company violated a law requiring contractors to pay a prevailing wage.

Prepare to explain unusual compensation formulas

01/29/2019
There may be many reasons why one employee is paid differently than another. Be prepared to explain such discrepancies.

Centralized pay & promotion guidance is fine, but leave individual decisions to managers

01/29/2019
You may still face isolated lawsuits alleging discriminatory pay practices by a specific supervisor. However, that’s preferable to a potential class-action lawsuit on behalf of thousands of similarly situated employees across the company.

Suit alleges mandatory off-the-clock work

01/29/2019
A federal court has authorized a class-action lawsuit alleging that workers were required to show up early to perform unpaid work.

Document belligerence during hiring process

01/29/2019
If you ever encounter an applicant so difficult that you suspect she might become a disruptive employee, document why you are concerned. If she later sues, you will be able to describe exactly what happened.