Employment

Mayor de Blasio recently signed a series of bills that, among other things, require the New York City Human Rights Commission – the agency responsible for enforcing the New York City Human Rights Law – to conduct employment discrimination investigations using the paired testing method.  This is the Commission’s version of a sting operation.

In what appears to be a sign of things to come, a federal court in New York recently approved the use of social media to notify potential class members who were more likely to be reached that way rather than by more traditional forms of notice, such as regular mail.

The NLRB last week filed its brief at the Second Circuit Court of Appeals in the well-publicized Facebook “Like” firing case, Three D, LLC v. NLRB.  Prior to the appeal, we discussed the NLRB’s August 2014 ruling here as part of a broader discussion of the Board’s recent crackdown on employers’ “overbroad” social media policies.

This week, in Greathouse v. JHS Security, Inc., the Second Circuit Court of Appeals held that employees may pursue a Fair Labor Standards Act retaliation claim premised upon an oral complaint to their employer – a clear expansion of its earlier interpretation of the law.

On April 16, 2015, the EEOC published proposed regulations setting forth its position on the use of physical examinations under employment-based wellness programs.

The Ninth Circuit Court of Appeals recently sent a case back to a district court to revisit its enforcement of a settlement agreement that prohibited an employee from future employment with the employer and any company the employer later acquired or served.

A Magistrate Judge in the Northern District of California recently handed down an important decision regarding the application of the Fair Credit Reporting Act to one of LinkedIn’s search products.

The New York City Council passed the Stop Credit Discrimination in Employment Act last Thursday.  It amends the New York City Human Rights Law to prohibit most employers from making employment decisions based on an employee or applicant’s consumer credit history.

First it was the blue and gold dress.  Now, the next viral internet sensation centers on the unlikeliest of events: Cheryl’s birthday.

Last Friday, the Sixth Circuit Court of Appeals sitting en banc held that telecommuting up to four days a week was not a reasonable accommodation under the ADA for a disabled Ford Motor Co. employee.

The New York City Human Rights Law specifically says that an employer’s agent can be held liable for discrimination, but its liability provision doesn't address the circumstances under which that agent may be held liable for the discriminatory actions of the agent’s employee.  A New York Federal Court has now addressed this gap in the law.

We have written previously about the expanding scope of social media activities that the National Labor Relations Act protects and the tight limits the NLRB places on an employer’s ability to discipline employees for work-related communications that take place online.

This week, the Supreme Court disappointed many employers by declining to determine whether the Fair Labor Standards Act does or does not provide employees with a non-waivable substantive right to bring a collective action.

Sixty-four employment law issues have become just two after an exciting Final Four. Last night, while Wisconsin and Duke played each other in the NCAA championship, the Wage and Hour Collective Actions and the Retaliation Claims faced off in the ELIT championship.

“There’s a tradition in tournament play – not to talk about the next step until you’ve climbed the one in front of you.  I’m sure writing a tournament championship blog entry is beyond your wildest dreams, so let’s just keep it right there.”

We’re still at it over here.  We can’t stop.  We have tons of clever basketball-employment law-related puns left in our arsenal and we expect to deploy them.

The Securities and Exchange Commission instituted cease and desist proceedings against KBR, Inc. for the purpose of entering an agreed Cease and Desist Order which is likely to affect the drafting of all confidentiality agreements entered into between a company and its employees.

Section 162(m) of the Internal Revenue Code precludes the deduction by public companies for compensation paid to certain covered employees in excess of $1,000,000 in any taxable year. This limitation on deduction does not apply to performance-based compensation.

I was quoted in a Law360 article entitled High Court UPS Ruling Means Changes to EEOC Guidance, in which I comment on the significance (or lack thereof) of the U.S. Supreme Court’s Young v. UPS decision where it introduced a new "significant burden" standard in pregnancy discrimination cases.

The U.S. Supreme Court vacated a Fourth Circuit decision Wednesday, reviving a pregnancy bias case against the United Parcel Service brought by a former delivery driver who was denied a light-duty work accommodation while pregnant.