On October 9, the New York State Department of Labor’s final wage deduction regulations took effect. Those regulations are codified at 12 N.Y.C.R.R. 195, and are available here. The final regulations are very similar to the...more
Earlier this month, Mayor Michael Bloomberg signed into law legislation prohibiting pregnancy discrimination by New York City employers. The legislation, passed unanimously last month by the New York City Council, bars...more
In a 5-3 ruling in American Express Co. v. Italian Colors Restaurant (“Amex”), 570 U.S. ___ (2013), the Supreme Court reversed the Second Circuit and held that an arbitration provision that barred class actions was...more
Under a recent amendment to the New York City Administrative Code, it is now unlawful to discriminate against job applicants based on their unemployment status. N.Y.C. Admin. Code. §§ 8-107(21)(a)(1)-(2). The law takes effect...more
Last week, the New York Department of Labor (“DOL”) published proposed regulations governing the new categories of permissible wage deductions in Section 193 of the New York Labor Law that took effect in November 2012. The...more
The Equal Employment Opportunity Commission (EEOC) announced last week that it had settled its first lawsuit alleging violations of the Genetic Information Nondiscrimination Act (GINA). GINA, which was passed by Congress in...more
Last week, the Second Circuit weighed in again on the enforceability of an arbitration provision in Parisi v. Goldman, Sachs & Co., No. 11-5229-cv (2d Cir. Mar. 21, 2013). The provision at issue required employees to pursue...more
4/3/2013
/ American Express ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Discrimination ,
Federal Arbitration Act ,
Gender Discrimination ,
Goldman Sachs ,
Pattern or Practice ,
SCOTUS ,
Title VII ,
Vindication of Statutory Rights Doctrine
The Consumer Financial Protection Bureau (CFPB), the primary enforcer of the Fair Credit Reporting Act (FCRA) rang in the new year by issuing new forms for users of consumer reports. Copies of the forms that went into effect...more
In an important ruling for employers, the Fourth Circuit recently underscored that the Pregnancy Discrimination Act (PDA) does not require employers to provide pregnant workers with special accommodations. Young v. United...more
The National Labor Relations Board (NLRB) recently issued a pair of decisions helping to clarify the limits on employers’ ability to (1) discipline employees for their social media activities and (2) implement confidentiality...more
1/24/2013
/ Costco ,
Discipline ,
Facebook ,
Hiring & Firing ,
Hispanics United of Buffalo ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Quicken Loans ,
Section 7 ,
Social Media ,
Social Media Policy ,
Termination
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a “Questions and Answers” document regarding the application of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA)...more
Two recent National Labor Relations Board (NLRB) decisions Hyundai America Shipping Agency, Inc., 357 N.L.R.B. No. 80 (2011) and Banner Health System, 358 N.L.R.B. No. 93 (2012) have altered the balance between an employer’s...more
11/20/2012