Employers in New York, Connecticut, and Vermont should take note of a recent Second Circuit decision holding that an employee may still be entitled to a reasonable accommodation under the Americans with Disabilities Act...more
First, a recent circuit court decision (which is now on appeal) held that the Florida Civil Rights Act (FCRA) requires employers to consider reasonable accommodations for off-duty medical marijuana use. In Giambrone v....more
On May 7, 2024, the New Jersey Supreme Court held in Savage v. Township of Neptune that a non-disparagement clause in a settlement agreement between a former police sergeant and her former employer resolving sex...more
Effective January 1, 2022, Phila. Code § 9-5500 now prohibits Philadelphia employers from requiring job applicants to submit to pre-employment drug tests for marijuana use. Specifically, the ordinance makes it an unlawful...more
1/5/2022
/ Adverse Employment Action ,
Conditional Job Offers ,
Drug Testing ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Reform ,
Labor Regulations ,
Local Ordinance ,
Marijuana ,
New Regulations
The New York City Commission on Human Rights has issued new enforcement guidance on discrimination based on actual or perceived national origin or immigration status in employment, as well as in housing and public...more
10/16/2019
/ Employee Training ,
Employment Discrimination ,
Enforcement ,
Evidence ,
Housing Discrimination ,
Immigration and Customs Enforcement (ICE) ,
Immigration Reform and Control Act (IRCA) ,
Immigration Status Discrimination ,
National Origin Discrimination ,
New Guidance ,
NYCHRL ,
Public Accommodation ,
Raids ,
Social Security Administration (SSA) ,
Unfair Immigration-Related Practices ,
Workplace Investigations
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the recent developments out of New York State, that will significantly expand workplace anti-discrimination protections....more
9/3/2019
/ Anti-Discrimination Policies ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Federal Arbitration Act ,
Governor Cuomo ,
Mandatory Arbitration Clauses ,
New Legislation ,
NYCHRL ,
NYSHRL ,
Sexual Harassment ,
State Labor Laws
Proponents of mandatory arbitration in New York can collectively let out a sigh of relief as a federal court judge has weighed in on the question of whether New York State’s law prohibiting mandatory arbitration of sexual...more
The Colorado legislature has been quite active in recent weeks, passing several new employment laws, many of which reflect nationwide trends. Among other things, the new laws address discriminatory pay disparities, salary...more
7/8/2019
/ Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Human Resources Professionals ,
Job Applicants ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State Labor Laws
New York State lawmakers have approved broad legislation that will lower the burden on plaintiffs seeking to prove claims of workplace harassment under the New York State Human Rights Law (NYSHRL), as well as extend the...more
6/25/2019
/ Affirmative Defenses ,
Attorney's Fees ,
Burden of Proof ,
Covered Employer ,
Damages ,
Employment Discrimination ,
Faragher/Ellerth defense ,
Governor Cuomo ,
Harassment ,
Mandatory Arbitration Clauses ,
Non-Disclosure Agreement ,
Non-Employees ,
NYSHRL ,
Pending Legislation ,
Protected Class ,
Punitive Damages ,
State Labor Laws ,
Statute of Limitations
On March 18, 2019, New Jersey Governor Phil Murphy signed into law Senate Bill 121, which prohibits nondisclosure clauses in settlement agreements relating to workplace discrimination, retaliation or harassment....more
3/22/2019
/ Confidentiality Agreements ,
Damages ,
Employment Contract ,
Employment Discrimination ,
Governor Murphy ,
Harassment ,
Non-Disclosure Agreement ,
Private Right of Action ,
Public Policy ,
Remedies ,
Retaliation ,
Settlement Agreements ,
State Legislatures ,
Unenforceable Contract Terms ,
Void Contracts
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the labor and employment landscape in 2019, including some significant laws set to go into effect this year, as well as...more
3/8/2019
/ #MeToo ,
Anti-Harassment Policies ,
Compensatory Damages ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Independent Contractors ,
Local Ordinance ,
Medical Leave ,
NLRA ,
NLRB ,
Paid Family Leave Insurance Program ,
Paid Family Leave Law ,
Private Right of Action ,
Punitive Damages ,
Salary/Wage History ,
SCOTUS ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
State Labor Laws ,
Title VII ,
Vacated ,
Yovino v Rizo
The Suffolk County, NY Legislature has unanimously enacted a bill that will prohibit employers and their agents from inquiring about job applicants’ wage or salary history during the hiring process. The Restricting...more