Push for Title VII Precedent to be Overturned in Second Circuit

On January 20, 2017, the U.S. Court of Appeals for the Second Circuit heard oral arguments in Christiansen v. Omnicom Group, Inc. et al., 16-748, a case involving alleged sexual … Continue Reading →

Supreme Court to Decide Legality of Mandatory Arbitration Clauses

On January 13, 2017, the U.S. Supreme Court granted certiorari in three Circuit Court cases – Murphy Oil USA, Inc. v. National Labor Relations Board, 808 F.3d 1013 (5th Cir. … Continue Reading →

When Disability Issues are Not Handled with Care

It is a typical story: A company’s IT director had a mixed performance record during her 17-year tenure. Unbeknownst to the company, she had been intermittently treated for anxiety. The … Continue Reading →

New York City – Freelance Isn’t Free Act

On October 27, 2016, the New York Council voted unanimously to pass the Freelance Isn’t Free Act, which formalizes the practices related to hiring and employing freelance workers.  A freelance … Continue Reading →

Overtime Exempt Salary Threshold Increases Take Effect

Despite the nationwide preliminary injunction enjoining the U.S. Department of Labor (“DOL”) from implementing new white collar overtime exemption regulations, the New York State Department of Labor (“NYSDOL”) adopted its … Continue Reading →

District Court in Pennsylvania Rules Title VII Covers Sexual Orientation Discrimination

On November 4, the United States District Court for the Western District of Pennsylvania ruled that protections against sex discrimination under Title VII of the Civil Rights Act of 1964 … Continue Reading →

U.S. Department of Labor Raises Salary Threshold for Overtime Exemption

On May 18, 2016, the United States Department of Labor (“DOL”) updated the regulations governing the exemption of executive, administrative, and professional (“EAP”) employees from the federal minimum wage and … Continue Reading →

HR Directors May Have Personal Liability for Improper FMLA Determinations

A recent Federal appellate court decision in Graziadio v. Culinary Inst. of Am., 817 F.3d 415 (2d Cir. 2016), opens the door to findings of personal liability against HR directors … Continue Reading →

New Restrictions on Criminal Background Checks by Employers in NYC

On June 10, 2015 , the New York City Council approved a bill, the Fair Chance Act  (“the Act”), that will regulate how and when public and private employers with … Continue Reading →

Use of Credit Checks In Employment Decisions In New York City May Be Deemed Discriminatory

On April 16, 2015, the New York City Council passed the Stop Discrimination in Employment Act (Int. 0261-2014). The Act amends the New York City Human Rights Law to prohibit … Continue Reading →