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New York City employers take note: New anti-sexual harassment laws enacted

On May 9, 2018, New York City enacted a number of laws addressing sexual harassment in the workplace.  The laws are summarized below.  New York City employers who do not yet have anti-harassment and anti-retaliation policies in place should promptly begin the process for adopting them.  New York City employers should also begin to make … Continue reading

New York City expansion of sick time law to cover “safe time” goes into effect on May 5, 2018; action required for New York City employers

New York City has recently adopted amendments to the New York City sick time law.  These amendments, which go into effect on May 5, 2018, will require action by New York City employers. Background on New York City’s sick time law Since April 1, 2014, all New York City employers have been required to provide … Continue reading

New York State’s new sexual harassment prevention laws will require action by all New York employers

On April 12, 2018, New York State  Governor Andrew Cuomo signed into law new measures aimed at preventing sexual harassment. We summarized these provisions in detail in our legal update, New York employers should get ready to comply with New York State’s new sexual harassment prevention laws, published on April 11th, in anticipation of the bill being signed … Continue reading

The #MeToo Movement: When Employees Take Their Complaints to Social Media

As we are all aware, the news has been populated with stories concerning allegations of sexual harassment and misconduct, particularly in the entertainment and media industries as well as government institutions. These stories have contributed to the “#MeToo” movement, which originated on Twitter and other social media websites in late 2017 and has since become … Continue reading

Norton Rose Fulbright’s online guide to global employment law is now available

More and more organisations are growing their global footprint and need to move their people around the world. In this global environment, it is essential to know, understand and comply with employment and labour laws in place across all of the jurisdictions in which organisations engage people. This will help to protect business from unnecessary … Continue reading

Sexual harassment settlements (and attorneys’ fees) may no longer be tax deductible for employers

As a result of the new tax reform legislation, employers may no longer deduct on their tax returns any “settlement or payment related to sexual harassment or sexual abuse if such settlement or payment is subject to a nondisclosure agreement” (emphasis added) or any “attorney’s fees related to such a settlement or payment.” This change … Continue reading

DOL takes first step to rescind Obama-era persuader rule

After announcing the withdrawal of two union friendly administrator interpretations issued by the Obama Administration, the US Department of Labor delivered another blow to unions by announcing that it will take public comment beginning June 12, 2017, on a proposed rule to rescind the Obama-era version of the persuader rule which requires companies to report  … Continue reading

How are pregnant employees in California protected in the event of a redundancy?

Both federal and California laws provide numerous safeguards to protect pregnant employees before, during, and after childbirth. Protections include prohibitions against discrimination during hiring and employment, and against termination based on pregnancy or pregnancy-related conditions, even if legitimate bases also exist for the employer’s conduct. When federal and California laws differ, the employer must provide … Continue reading

Expanding definition of “sex discrimination” under Title VII

The Judiciary continues to act where Congress will not All employment attorneys—and most employers—know that Title VII bars discrimination based on certain enumerated personal characteristics: race, color, religion, sex, and national origin. It has long been the case that “sex” meant biological sex only, i.e., discriminating against a woman because she is a woman, or … Continue reading

DOL to appeal injunction against new overtime regulations

Despite the fact that the U.S. Department of Labor’s new overtime regulations were set to go into effect on December 1st, the validity of the regulations remains unsettled. We previously reported that on November 22nd, Judge Amos Mazzant of the United States District Court for the Eastern District of Texas granted a nationwide injunction precluding … Continue reading

OSHA workplace injury and illness tracking will go forward

Last week, a Texas federal judge handed the Occupational Safety & Health Administration (OSHA) a victory by refusing to grant an injunction that sought to delay the implementation of the Agency’s rule regarding workplace injuries and illnesses. The new rule, entitled “Improve Tracking of Workplace Injuries and Illness,” requires most employers to submit workplace injury … Continue reading

Texas federal judge puts the brakes on the DOL’s new overtime regulations

Employers who had been searching for a way to best  implement the Department of Labor’s new overtime regulations (the “Final Rule”), which are set to go into effect on December 1, 2016, received an early holiday gift on Tuesday, and from one of President Obama’s appointed jurists, no less.  On November 22nd, Judge Amos Mazzant … Continue reading

US DOL Persuader Rule permanently benched

Hailed by the US Department of Labor as a regulatory change to promote transparency and to help employees make well-informed decisions about union representation, the Department of Labor’s final rule on reporting union persuader activities has been permanently blocked by Texas US District Court Judge Sam R. Cummings. The new rule attempted to narrow the … Continue reading

Title VII sexual orientation claims are gaining traction with more courts

On November 4, 2016, a federal judge in Pennsylvania became the latest jurist to side with the U.S. Equal Employment Opportunity Commission (EEOC) in endorsing the viability of claims based on sexual orientation under Title VII of the Civil Rights Act of 1964. In U.S. EEOC v. Scott Medical Health Center, the EEOC brought suit on … Continue reading

Time to update your employee handbook

For many employers, the arduous task of reviewing and revising an employee handbook may occur as infrequently as every leap year, or worse, only after a law suit has been filed. However, recent decisions by the National Labor Relations Board (Board) should cause employers to take a much closer look at their employee policies and … Continue reading

Overtime overhaul – small businesses want more time to prepare

With just about 90 days to go before the U.S. Department of Labor’s final rule dramatically updating overtime regulations is scheduled to go into effect, small business owners have petitioned the DOL’s Wage and Hour Division seeking more time to prepare for and implement changes to the way they operate their businesses so that they … Continue reading

Second Circuit’s decision expands liability for discrimination under “cat’s paw” doctrine

You may be familiar with the Aesop fable in which a monkey convinces a naïve cat to burn his paw in order to pull chestnuts from a hot fire for their mutual satisfaction but then eats all the chestnuts himself. This “cat’s paw” doctrine, as it has been coined in employment litigation, has been applied … Continue reading

Ninth Circuit adds to circuit split regarding enforceability of class action waivers

On August 22, 2016, the U.S. Court of Appeals for the Ninth Circuit joined the Seventh Circuit in finding that an employer violates the National Labor Relations Act (“NLRA”) by requiring employees to sign an agreement including a class arbitration waiver. In Morris v. Ernst & Young, plaintiffs were required to sign “concerted action waivers” as a … Continue reading

“Promising practices” encouraged by EEOC to prevent retaliation

The U.S. Equal Employment Opportunity Commission (EEOC) has issued its final “Enforcement Guidance on Retaliation and Related Issues” following a six-month public comment period. The guidance replaces the EEOC’s 1988 Compliance Manual section on retaliation. Workplace retaliation claims have been on the rise in recent years and have been the focus of several opinions of the … Continue reading

Fair pay, safe workplaces, and federal contractors telling it like it is

On August 24, 2016, the U.S. Department of Labor (DOL) and the Federal Acquisition Regulatory (FAR) Counsel issued a final rule to implement President Obama’s Executive Order 13673, entitled “Fair Pay and Safe Workplaces,” first announced by the President over two years ago on July 31, 2014. According to the Federal Acquisition Institute, the purpose of E.O. … Continue reading

NLRB allows student assistants to form union

In the much anticipated Columbia University decision, the National Labor Relations Board reversed its most recent precedent and held that student teaching assistants at private colleges and universities are statutory employees under the National Labor Relations Act and may therefore vote to form a union.  This decision is a return to an earlier decision by … Continue reading

Does Title VII cover sexual orientation claims? It depends.

In July 2015, the EEOC officially took the position that sexual orientation claims may be brought under the non-discrimination provisions of Title VII of the Civil Rights Act of 1964. However, in the recent case of Hively v. Ivy Tech Community College, the Seventh Circuit refused to accept the EEOC’s position and affirmed the dismissal … Continue reading

DOL issues sex discrimination final rule

On June 14, 2016, the United States Department of Labor (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued a Final Rule to revise its sex discrimination policies, updating its guidelines to provide additional guidance on what constitutes discrimination based on sex. The updated guidelines define “sex” to include gender identity, transgender status, pregnancy, and … Continue reading

Minnesota addresses architectural barriers to public places: 2016 amendments to its Human Rights Act

Introduction Minnesota businesses may soon see differences in disability access claims. On May 22, 2016, Minnesota’s Governor Mark Dayton signed into law a new amendment to the Minnesota Human Rights Act (“MHRA”). The amendment governs what must occur before attorneys can bring suit under the MHRA challenging architectural barriers that limit accessibility to public spaces. … Continue reading
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