On Tuesday, October 5, 2021, Governor Phil Murphy signed legislation expanding state law protection against age discrimination for those employees who are 70 years of age or older. The legislation amends the New Jersey Law...more
Last week, the Eastern District of Pennsylvania ruled that an employee whose employment was terminated on the same day she disclosed to her employer that she had tested positive for COVID-19 sufficiently pled a claim of...more
Summary -
Two notable legal developments have occurred in Pennsylvania this fall related to marijuana use by employees....more
In New York City, a law was adopted by administrative action today that prohibits many employers, labor organizations, and employment agencies from conducting pre-employment drug testing for marijuana and THC, the active...more
The U.S. Supreme Court now has a greater incentive to resolve the issue of whether Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sexual orientation....more
3/1/2018
/ Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender Identity ,
Gender Neutral ,
Hiring & Firing ,
LGBTQ ,
Protected Class ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
In yet another blow to Obama-era Department of Labor (DOL) precedent, the DOL recently eliminated its six-part test for determining whether interns can be deemed employees for purposes of the Fair Labor Standards Act (FLSA),...more
1/10/2018
/ Class Action ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Fox Searchlight Pictures ,
Hiring & Firing ,
Internships ,
Misclassification ,
Primary Beneficiary Test ,
Unpaid Interns ,
Wage and Hour
Employers who have employees authorized to work under the Deferred Action for Childhood Arrivals (DACA) program should start prepping for change in the next six months. Attorney General Jeff Sessions on September 5, 2017,...more
9/14/2017
/ DACA ,
Department of Homeland Security (DHS) ,
Deportation ,
Employment Authorization Documents (EAD) ,
Executive Orders ,
Form I-9 ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Parole Employment Authorization ,
Trump Administration ,
USCIS
The Massachusetts Supreme Judicial Court (SJC) recently held in Barbuto v. Advantage Sales & Marketing, LLC that employees have a viable claim for disability discrimination under state law if they suffer an adverse employment...more
7/24/2017
/ Adverse Employment Action ,
Decriminalization of Marijuana ,
Disability ,
Discrimination ,
Drug Testing ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Off-Duty Employees ,
Reasonable Accommodation
The Consumer Financial Protection Bureau’s (CFPB) announcement that it has entered into a consent order with two affiliated companies that generate and provide employment background screening reports serves as a reminder to...more