Employment
Viewpoints
Filter by:
Paid Sick Leave Comes to New Jersey’s Second Largest City – Jersey City; is Newark, its Largest City Next?
October 23, 2013 | Blog
On October 21, 2013, Jersey City Mayor Steven Fulop signed into law the Paid Sick Time Ordinance requiring private sector Jersey City employers with 10 or more employees to provide up to five days of paid sick leave per year to those employees.
Read more
Class Action Waivers Enforced in Two Recent Second Circuit Decisions
October 22, 2013 | Article | By James Nicholas
The Second Circuit Court of Appeals recently issued two opinions each holding that class action waivers may be enforced by employers in cases brought under the Fair Labor Standards Act (FLSA).
Read more
Unpaid Interns One Step Closer to Receiving Protection Against Discrimination in New York
October 22, 2013 | Blog
Last week we reported on a decision out of a New York federal district court refusing to extend the protections of the New York City anti-discrimination law to unpaid interns. That decision also confirmed that neither the federal nor New York State anti-discrimination laws protected unpaid interns either.
Read more
Treasury Department/IRS Issue Proposed Rules on Employer Reporting of Health Insurance Coverage Under the Affordable Care Act
October 21, 2013 | Advisory
In addition to imposing substantive requirements on health insurance issuers in the group and individual markets and employer-sponsored group health plans, the Patient Protection and Affordable Care Act (Act) imposes three notice requirements that are of particular interest to employers.
Read more
Apocalypse Averted Again: Preliminary Thoughts on Welcoming Workers Back From the Government Shutdown
October 18, 2013 | Blog
As my colleague Jill Collins discussed a few weeks ago, the government shutdown had a broad impact on a number of workers in the public and private sectors. Now that the federal government has reopened, employers welcoming back furloughed employees should stand ready to answer worker questions and assuage employee concerns.
Read more
Second Circuit Court of Appeals Will Address Comcast’s Impact on Wage and Hour Class Action Lawsuits
October 17, 2013 | Blog
What is the impact of the U.S. Supreme Court’s Comcast decision on wage and hour class action lawsuits? That is the question the Second Circuit Court of Appeals has agreed to hear on appeal.
Read more
New York State’s Highest Court Confirms that a Request for Indefinite Leave May Constitute a Reasonable Accommodation Under the New York City Human Rights Law
October 16, 2013 | Blog | By Michael Arnold
The New York Court of Appeals – New York’s highest court – is out with a new decision this week addressing our favorite statutory friend (foe?), the New York City Human Rights Law – this time in the context of a disability discrimination claim.
Read more
New York State Department of Labor Adopts New Wage Deduction Regulations
October 14, 2013 | Blog | By Michael Arnold
The New York State Department of Labor has finally released regulations interpreting the Wage Deduction Law that New York amended nearly a year ago. At last, I can sleep at night. Here are my 5 quick takeaways from those regulations, which are relatively easy to read and can be accessed here.
Read more
New York Federal District Court Declines to Extend Protections against Discrimination under the New York City Human Rights Law to Unpaid Interns; But Should the Analysis End There?
October 9, 2013 | Blog | By Michael Arnold
I just finished reading a very interesting opinion in Wang v. Phoenix Satellite Television US, Inc., which Judge Castel issued late last week out of the Southern District of New York and which addresses the scope of the New York City Human Rights Law – arguably the broadest anti-discrimination statute in the nation.
Read more
A New Players Union? - Implications of All Players United
October 7, 2013 | Blog
A recent trend in college athletics has been the display of “APU” wristbands by student-athletes during high-profile football games. All Players United or APU, represents itself as an organization concerned for the well-being of student-athletes.
Read more
Employer Exposure in Unpaid Wage Lawsuits May Decrease as Second Circuit Refuse to Apply New York Wage Theft Prevention Act's Liquidated Damages Provision Retroactively
October 7, 2013 | Blog | By Michael Arnold
In 2010, New York enacted the Wage Theft Prevention Act, which in part amended its Labor Law to require courts to impose a liquidated damages award of 100% of the total unpaid wages owed to the employee. The law previously capped the award at just 25%.
Read more
Back to School: Employers Must Remain Mindful of Employee Entitlement to School-Related Leave
October 2, 2013 | Blog | By Michael Arnold
School is back in full swing and we thought it best to update our previous post addressing school-related leave requirements for employers. Many states require (or at least encourage) employers to provide short-term unpaid job-protected leave to their employees seeking to participate in their children’s school-related activities.
Read more
Companions No More: U.S. Department of Labor Extends Minimum Wage and Overtime Protections to Home Health Care Workers
September 30, 2013 | Blog
Beginning on January 1, 2015, the Fair Labor Standards Act will extend its minimum wage and overtime protections to nearly all home health care workers. This changes the playing field for an estimated two million workers who provide home care assistance to the elderly, disabled and infirm.
Read more
Government Shutdown Would Pose a Myriad of Issues for Employers
September 30, 2013 | Blog
If Congress fails to pass an appropriations bill by midnight tonight, the government will partially shut down and private sector employers along with federal employees will be greatly impacted by reduced government services and furloughs. Here is a rundown of some employment-related issues associated with any shutdown.
Read more
No More Playing Cute With Non-Solicitation Obligations: First Circuit Court of Appeals Rejects "Customer Called Me First" Argument
September 27, 2013 | Blog
Non-solicitation agreements now may have more teeth in Massachusetts. This week, in Corporate Technologies, Inc. v. Harnett, the First Circuit Court of Appeals allowed to stand an earlier injunction prohibiting Brian Harnett, a former employee of Corporate Technologies, from conducting business with Corporate Technologies’ customers.
Read more
Labor and Treasury/IRS Opine on Integrated and Non-Integrated HRAs, Medical FSAs, and EAPs
September 25, 2013 | Advisory
On September 13, 2013, the Department of Labor1 and the Treasury Department/IRS2 (the “Departments”) issued coordinated guidance on a handful of items relating to the implementation of the Affordable Care Act (the “Act”), including:
Read more
The October 1 Deadline for Employer Health Care Reform Notices Is Coming!
September 25, 2013 | Blog
On or before October 1, 2013, most employers are required to distribute a notice to their employees informing them about the new Health Care Reform Marketplace (also known as “the Exchanges”). Here are the highlights of this new requirement:
Read more
New York City Council Amends New York City Human Rights Law to Require Employers to Provide Reasonable Accommodations to Pregnant Employees
September 24, 2013 | Blog
The nation’s broadest anti-discrimination law just got broader – now requiring employers to provide reasonable accommodations to pregnant employees. Existing Federal, state and city laws already protect women against pregnancy discrimination, but none went so far as to require reasonable accommodations.
Read more
Treasury Department/IRS Clarify Federal Tax Treatment of Same-Sex Marriages: Assessing the Impact on Employee Benefit Plans
September 9, 2013 | Advisory | By Ann Fievet
In recently issued Revenue Ruling 2013-17, the Treasury Department and the Internal Revenue Service (IRS) ruled that all legal same-sex marriages will be recognized for federal tax purposes.
Read more
PE Funds May Be Liable For Portfolio Company Pension Liabilities
August 14, 2013 | Advisory | By Adam Gale, David Lagasse
A recent decision by the U.S. Court of Appeals for the First Circuit increases the risk that a private equity fund could be liable for its portfolio company’s unfunded pension liabilities. Additionally, one portfolio company could potentially become liable for the pension liabilities of a fund’s other portfolio companies.
Read more
Explore Other Viewpoints:
- Antitrust
- Appellate
- Arbitration, Mediation & Alternate Dispute Resolution
- Artificial Intelligence
- Awards
- Bankruptcy & Restructuring
- California Land Use
- Class Action
- Complex Commercial Litigation
- Construction
- Consumer Product Safety
- Cross-Border Asset Recovery
- Debt Financing
- Direct Investing (M&A)
- Diversity
- EB-5 Financing
- Education & Nonprofits
- Employment
- Energy & Sustainability
- Environmental Enforcement Defense
- Environmental Law
- FDA Regulatory
- Federal Circuit Appeals
- Financial Institution Litigation
- Government Law
- Growth Equity
- Health Care
- Health Care Compliance, Fraud and Abuse, & Regulatory Counseling
- Health Care Enforcement & Investigations
- Health Care Transactions
- Health Information Privacy & Security
- IP Due Diligence
- IPRs & Other Post Grant Proceedings
- Immigration
- Insolvency & Creditor Rights Litigation
- Institutional Investor Class Action Recovery
- Insurance & Financial Services
- Insurance Consulting & Risk Management
- Insurance and Reinsurance Problem-Solving & Dispute Resolution
- Intellectual Property
- Investment Funds
- Israel
- Licensing & Technology Transactions
- Life Sciences
- Litigation & Investigations
- M&A Litigation
- ML Strategies
- Medicare, Medicaid and Commercial Coverage & Reimbursement
- Mergers & Acquisitions
- Patent Litigation
- Patent Prosecution & Strategic Counseling
- Pharmacy Benefits and PBM Contracting
- Portfolio Companies
- Privacy & Cybersecurity
- Private Client
- Private Equity
- Pro Bono
- Products Liability & Complex Tort
- Projects & Infrastructure
- Public Finance
- Real Estate Litigation
- Real Estate Transactions
- Real Estate, Construction & Infrastructure
- Retail & Consumer Products
- Securities & Capital Markets
- Securities Litigation
- Special Purpose Acquisition Company (SPACs)
- Sports & Entertainment
- Strategic IP Monetization & Licensing
- Tax
- Technology
- Technology, Communications & Media
- Technology, Communications & Media Litigation
- Trade Secrets
- Trademark & Copyright
- Trademark Litigation
- Venture Capital & Emerging Companies
- White Collar Defense & Government Investigations
- Women's Health and Technology