Insights on Labor, Employment & OSHA

The US Court of Appeals for the Third Circuit recently ruled that a suspension with pay generally does not constitute an “adverse employment action” under the substantive discrimination provision of Title VII. Jones v. Southeastern Pennsylvania Transportation Authority.

On July 15, 2015, the Department of Labor (the DOL) issued guidance to employers about misclassification of workers as independent contractors instead of employees.

The US Equal Employment Opportunity Commission held a special meeting of the Commission commemorating the 50th Anniversary of the Agency.

Montgomery County, Maryland became the most recent jurisdiction to sign a paid sick leave law onto the books. County Executive Isiah Leggett (D) signed Bill 60-14 into law after the County Council unanimously approved the legislation on June 23, 2015. The law takes effect on October 1, 2016.

The US Court of Appeals for the Second Circuit recently denounced the US Department of Labor’s six factor test in favor of a new “primary beneficiary” test. Glatt v. Fox Searchlight Pictures, Inc., 2015 WL 4033018 (July 2, 2015).

On June 29, 2015, New York City Mayor Bill DeBlasio signed into law Bill 318-A, also known as the Fair Chance Act, which limits an employer’s ability to ask about an applicant’s criminal history until the applicant has been given a conditional offer of employment.

Arent Fox LLP is pleased to announce the addition of highly-regarded San Francisco-based labor partner Rob Carrol to the firm’s Labor & Employment practice and newly launched Alcohol Beverage team.

In a 3-2 decision, the National Labor Relations Board (NLRB or Board) overturned 37 years of precedent and ruled that employers may be required to turn over witness statements to unions prior to arbitration hearings.

In a 2-1 decision, a three-member panel of the NLRB held that a generic conflict of interest rule in an employee handbook violated the National Labor Relations Act because it could give employees the impression that they could not engage in union activity protected by the Act.

The Colorado Supreme Court ruled that Dish Network LLC lawfully fired a quadriplegic customer service representative who used validly licensed medical marijuana, rejecting the employee’s argument that the company violated a state law that protects workers who engage in lawful off-duty conduct.

After the Equal Employment Opportunity Commission (EEOC) recently indicated that it will aggressively pursue claims by transgender workers who have been discriminated against in the workplace, employers have had to assess their policies and practices to make sure they are in compliance. 

What can employers do if an employee struggles to be understood by the company’s client base because of his or her heavy foreign accent?  When can employers take action because the employee’s lack of English fluency is affecting job performance and the company as a whole? 

Beginning September 3, 2015, New York City employers will no longer be able to consider an individual’s credit history as part of a background check in hiring or employment decisions.

On May 7, 2015, 14 Spanish-speaking employees filed suit in California state court against their employer, Gate Gourmet for harassment and discrimination on the basis of national origin arising out of the alleged prohibited use of the Spanish language on the job.

In an important victory for employees, the en banc Fourth Circuit held that use of a racial slur twice within a 24-hour period could support Title VII hostile work environment and retaliation claims.

Arent Fox LLP is proud to announce the publication of a comprehensive and definitive book for health care industry leaders focused on risk management and litigation.

A unanimous U.S. Supreme Court issued a blow to the EEOC by ruling that a court may enforce the Equal Employment Opportunity Commission’s (EEOC) mandatory duty to conciliate discrimination claims before filing suit.

On April 14, 2015, Maryland Gov. Larry Hogan (R) signed into law a measure that extends the applicability of the state’s anti-discrimination laws to unpaid interns.

Employers in New York are bound by a law that requires them to pay workers who report for scheduled shifts at least four hours of pay, even if managers send them home earlier.

Federal contractors are subject to a variety of employment-related laws and regulations as part of the price of doing business with the government.

On March 24, 2015, Arkansas Gov. Asa Hutchinson (R) signed into law S.B. 426, the Fair and Open Competition in Governmental Construction Act.

California’s 4th District Court of Appeal issued its opinion in Gerard v. Orange Coast Memorial Medical Center, invalidating the portion of California IWC Wage Order No. 5 that permitted non-exempt health care employees to waive a second meal period for shifts longer than 12 hours.

In this episode of Fashion Counsel, Partner Anthony Lupo talks with L&E Partner Michael L. Stevens about key issues fashion companies should consider when approaching employees about their social media activities.

American Idol Season 11 winner Phillip Phillips filed a petition with the CA Labor Commissioner, arguing producer of Idol unlawfully acted as a “talent agency.”