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New Jersey’s “Ban the Box” Bill Sent to Governor Christie’s Desk; Final Version More Employer-Friendly

July 7, 2014 | Blog

In December, we wrote about New Jersey’s proposed “ban the box” measure, known as the Opportunity to Compete Act, making its way through the legislature – a law that would prohibit employers from inquiring about job candidates’ criminal histories early in the hiring process.
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Supreme Court Declines to Hear Appeal on Enforceability of FLSA Collective Action Waivers

July 2, 2014 | Blog

Yesterday, the Supreme Court denied a request to review the issue of whether the Fair Labor Standards Act grants employees a non-waivable right to bring a collective action and thus, renders arbitration agreements with collective action waivers unenforceable.
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Massachusetts Becomes Latest State to Raise its Minimum Wage

July 2, 2014 | Blog

Massachusetts is the latest state to take up the minimum wage mantle, as Governor Deval Patrick signed a law raising minimum wage in the state on June 26th.  As we have discussed on this blog, there is a movement afoot nationally to raise the minimum wage for low wage workers, and states and cities keep upping the minimum wage ante.
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California Supreme Court Upholds Employment Class Action Waivers, but Rejects Waivers of PAGA Claims

June 30, 2014 | Blog

The California Supreme Court issued an important decision last week on the enforceability of employment class action waivers included in arbitration agreements. The result: private parties can contract for the waiver of the right to pursue a class action in any forum.
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The Affordable Care Act—Countdown to Compliance for Employers, Week 25 (Early Edition): What Hobby Lobby Means for the Affordable Care Act—Absolutely Nothing

June 30, 2014 | Blog

To call the Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores, Inc. much-anticipated or highly controversial is an understatement. And, to be clear, anytime the Supreme Court weighs in on bed-rock constitutional principle—particularly as it affects the church-state relationship, it is a big deal.
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The Affordable Care Act—Countdown to Compliance for Employers, Week 26: Fitting a Round Peg (the Public Health Service Act 90-day Waiting/Orientation Period Rule) into a Square Hole (the 4980H Three-Month Offer of Coverage Rule)

June 30, 2014 | Blog

The Departments of the Treasury/IRS, Labor and Health and Human Services (the “Departments”) recently issued a final regulation under the 90-day waiting period limitation, which is included among the Affordable Care Act’s (the “Act”) insurance market reforms.
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Massachusetts Federal Court Refuses to Transform Non-Disclosure Agreement into a Non-Competition Agreement

June 30, 2014 | Blog

A recent decision from the Massachusetts federal district court serves as a good reminder to Massachusetts employers that courts are unlikely to view the breach of a non-disclosure/confidentiality agreement as justification to impose a non-competition restriction on a former employee where no such express restrictive covenant exists.
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The Family is Getting Bigger: Starting July 2014 California’s Paid Family Leave Expands

June 29, 2014 | Blog

I’m not quite sure why California felt it was necessary to effectuate key changes to employment laws in the middle of summer when most of us are trying to break away from work and enjoy our vacations.
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Supreme Court Finally Decides Noel Canning and Says President Obama’s Recess Appointments to the NLRB are a No Go.

June 26, 2014 | Blog

Today, the Supreme Court issued its long-anticipated decision in NLRB v. Noel Canning, unanimously affirming an appellate court decision striking down three of President Obama’s recess appointments to the National Labor Relations Board on the grounds that they were unconstitutional. I briefly discuss the case and its impact on employers below.
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Can A Relator Be Held Liable For Using Confidential Company Documents To Support A Qui Tam Case?

June 26, 2014 | Blog

Check out this insightful post from my colleagues Samantha P. Kingsbury and Karen S. Lovitch over at our sister blog, Health Law and Policy Matters, discussing a recent decision about a relator that allegedly breached of a confidentiality agreement by filing a qui tam case.  These types of cases against relators are becoming more common in the qui tam context.
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A Tale of Two Jurisdictions: Human Rights Laws in New York City and Tennessee Head in Opposite Directions

June 25, 2014 | Blog

Sitting here in the Big Apple, the thought of the New York City Council voting to narrow the reach of the New York City Human Rights Law seems roughly equivalent to the thought of a Game of Thrones episode without any violence. It’s just not going to happen.
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Wait, Now I Can’t Fire My Employees For Stealing? California Federal Court Holds Application of Anti-Grazing Policy to Diabetic Employee May Violate the Americans With Disabilities Act

June 24, 2014 | Blog

A California Federal court recently permitted a disability discrimination claim to proceed to a jury trial in a lawsuit alleging that Walgreens unlawfully terminated a diabetic employee for violating its “anti-grazing” policy by eating potato chips on the job without first paying for them.
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The Affordable Care Act—Countdown to Compliance for Employers, Week 27: COBRA, Marketplace Coverage, Stability Periods, and Cafeteria Plan Elections

June 23, 2014 | Blog

Recent developments under the Affordable Care Act and COBRA, and existing rules governing mid-year election changes under cafeteria plans, have combined to make it challenging for certain terminating employees and those employees who experience a reduction in hours to continue health care coverage seamlessly.
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Second Circuit Court of Appeals Addresses FLSA’s Public Agency Volunteer Exception, But Withholds Comment on Private Sector Volunteers

June 20, 2014 | Blog

For the first time the Second Circuit Court of Appeals tackled the Fair Labor Standards Act’s public agency volunteer exception. In Brown v. New York City Board of Education, the Court outlined the contours of the exception and affirmed a lower court decision finding that the individual at issue was a volunteer and not an employee entitled to minimum and overtime wages.
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Supreme Court to Review Whether Rulemaking is Required When DOL and Other Agencies Flip-Flop on Regulatory Interpretations

June 20, 2014 | Blog

Earlier this week, the U.S. Supreme Court agreed to review whether the Department of Labor must engage in notice-and-comment rulemaking in order to significantly alter its interpretation of the agency’s Fair Labor Standards Act regulations (Perez v. Mortgage Bankers Association and Nickols v. Mortgage Bankers Association).
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Governor Cuomo Set to Sign Law Repealing the New York Wage Theft Prevention Act’s Annual Pay Notice Requirement; Law Also Extends Wage Payment Liability to Ten Largest Members of New York LLCs

June 20, 2014 | Blog

New York is set to end its requirement under the Wage Theft Prevention Act that employers annually distribute notices to employees detailing certain wage payment information. In just the short time it was in effect, this requirement proved an administrative headache for most employers.
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Connecticut Employer Alert: Changes to Paid Sick Leave Requirements Effective January 1, 2015

June 18, 2014 | Blog

Connecticut Governor Dannel Malloy recently signed a new law that amends Connecticut’s Paid Sick Leave Statute. Connecticut was the first state to mandate paid sick leave policies for service workers back in January 2012.
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President Obama to Sign Executive Order Prohibiting Federal Contractors From Discriminating Against LGBT Employees

June 17, 2014 | Blog

White House officials reported today that President Obama intends to sign an executive order prohibiting federal contractors from discriminating against employees on the basis of their sexual orientation or gender identity. The order would protect up to 16 million employees working for employers with federal contracts.
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Another Example of Owner Liability for Unpaid Wages and Liquidated Damages for Employee Misclassification

June 17, 2014 | Blog

Do you still think that business owners aren’t responsible for wage and hour law violations? Do you think that a court will only award liquidated damages where the violation is wilful? Think again.
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First Circuit Court of Appeals Holds That Employer Can be Found Liable Under Quid Pro Quo Sexual Harassment Negligence Theory for Discriminatory Actions of Co-worker

June 16, 2014 | Blog

In a case of first impression, the First Circuit Court of Appeals recently held that an employer can be held liable under Title VII for quid pro quo sexual harassment based on the discriminatory actions of a non-supervisory employee where the employer knew or should have known of the employee's discriminatory actions.
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