U.S. Supreme Court Removes Prejudice Requirement From Arbitration Waiver Test

May 24, 2022 by Corey J. Swinick

In deciding Morgan v. Sundance, Inc., the U.S. Supreme Court has resolved a circuit split, answering the question of whether a party must show prejudice when arguing that the opposing party waived its right to compel arbitration. Previously, all federal circuit courts except the Seventh and D.C. Circuits used an arbitration-specific waiver rule that requires a showing of prejudice. The Supreme Court has now eliminated this requirement. More ›

New York City Salary Transparency Law Receives Clarification and Subsequent Amendment

May 16, 2022 by Jason S. Greenfield

The pending Salary Transparency Law (the Law)—which requires New York City employers to disclose the minimum and maximum salary when posting an advertisement for a job, promotion, or transfer opportunity—was  further clarified by the New York City Commission on Human Rights and subsequently amended by the New York City Council. More ›

New Amendment to New York Civil Rights Law Requires Employers to Provide Notice to Employees of Electronic Monitoring

May 9, 2022 by Concepcion A. Montoya, Jason S. Greenfield

A previously enacted amendment to the New York Civil Rights Law, effective May 7, 2022, requires employers to provide written or electronic notice to newly hired employees if the employer intends to monitor or intercept telephone conversations, email, or internet access or usage. The amendment also requires employers to obtain an employee's written or electronic acknowledgment before monitoring them. In addition, the employer must post notice of the electronic monitoring in a "conspicuous place," which is readily accessible to the employees who are subject to electronic monitoring to view. More ›

FMLA Case Demonstrates that Employees Cannot Use Protected Leave as a Shield Against Warranted Discipline, Even Discharge

March 28, 2022 by Linda K. Horras

The intersection between an employer's obligations under the Family & Medical Leave Act (FMLA) and its enforcement of performance standards sometimes feels fraught with fear. However, nothing in the FMLA prohibits an employer from taking action against an employee for legitimate reasons, even when that employee is on or returns from a protected leave. Those were the issues before the Seventh Circuit Court of Appeals in Anderson v. Nations Lending Corporation decided on March 9, 2022. More ›

Useful Road Map for Employers to Conduct Direct Threat Analysis Under the ADA

March 16, 2022 by Linda K. Horras

Most employers are familiar with the Americans with Disabilities Act (ADA) and its requirement  to provide reasonable accommodations to qualified individuals with disabilities. There is less certainty about the extent of this obligation. For example, what if no reasonable accommodation could eliminate the danger—the "direct threat"—the individual poses in the workplace? More ›

California Supreme Court Expands Protections for Employees Claiming to be "Whistleblowers"

February 1, 2022 by Jeffrey Edward Hall

On January 27, 2022, the California Supreme Court issued its Opinion in Lawson v. PPG Architectural Finishes, No. S266001, __  Cal. 5th ___, 2022 Cal. Lexis 312 (Jan. 27, 2022) regarding the proof paradigm in California "whistleblower" retaliation cases. This decision increases the evidentiary burden on defendants seeking summary judgment. It also clarifies that the proof paradigm in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), does not apply to California whistleblower claims. McDonnell Douglas established a three-step burden-shifting framework in discrimination cases. The California Supreme Court took the opportunity to clarify the evidentiary burdens and noted that section 1102.6 of the California Labor Code already provides a complete description of the evidentiary burden in a whistleblower case. More ›

New York City Employers Now Required to Disclose Salary Range When Posting a Job Listing

January 19, 2022 by Jason S. Greenfield

On December 15, 2021, the New York City Council approved a bill amending the New York City Human Rights Law, transforming how employers advertise a job listing. Mayor Eric Adams chose not to veto the legislation before the January 14, 2022 deadline, therefore the new law is set to become effective on May 14, 2022. More ›

The 12 days of California Labor & Employment Series – Day 12: Employers Beware: More Power for Cal/OSHA

December 29, 2021 by Mellissa A. Schafer

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this twelfth day of the holidays, my labor and employment attorney gave to me: twelve drummers drumming and SB 606. More ›

The 12 days of California Labor & Employment Series – Day 11: Beware of Adverse Employment Actions Involving Warehouse Distribution Center Quotas

December 27, 2021 by Mellissa A. Schafer

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this eleventh day of the holidays, my labor and employment attorney gave to me: eleven pipers piping and AB 701. More ›

The 12 days of California Labor & Employment Series – Day 10: AB 5 Exemption Extensions

December 22, 2021 by Mellissa A. Schafer

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this tenth day of the holidays, my labor and employment attorney gave to me: ten lords a-leaping and AB 1506 and 1561. More ›

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