News & Analysis as of

Employer Liability Issues Private Right of Action

Constangy, Brooks, Smith & Prophete, LLP

“Re-do” bill would fundamentally change New York non-compete law

Two years ago, a bill that would have effectively gutted New York non-compete law made it as far as the Governor’s desk where Gov. Kathy Hochul (D) vetoed it, much to the relief of the New York business community. However,...more

ArentFox Schiff

MA Job Applications Should Provide Notice That You Will Not Use a Lie Detector Test as a Condition of Employment

ArentFox Schiff on

Though most in-house counsel (and even a lot of employment lawyers) are unaware, M.G.L. c. 149, Section 19B makes it unlawful for any employer to subject its employees or job applicants to a lie detector test....more

Bradley Arant Boult Cummings LLP

The Best of Intentions: State Law Protections for Employee Cannabis Use May Not Protect Them After All

While not enough blogs these days quote Toad the Wet Sprocket lyrics, a recent decision from a federal appellate court holding that a would-be employee can suffer negative employment consequences for cannabis use even when...more

Saul Ewing LLP

Third Circuit Rules That Employees Cannot Sue Employers for Discrimination Based on Marijuana Use

Saul Ewing LLP on

On December 9, 2024, the U.S. Court of Appeals for the Third Circuit held that New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not provide workers with a private...more

Littler

Third Circuit Affirms That New Jersey’s Cannabis Law Does Not Allow a Private Right of Action

Littler on

On December 9, 2024, the U.S. Court of Appeals for the Third Circuit upheld the New Jersey district court’s previous ruling that there is no private right of action under New Jersey’s Cannabis Regulatory, Enforcement...more

Bradley Arant Boult Cummings LLP

Drug Test Woes: State Law Protections for Employee Cannabis Use May Not Protect Them After All

The changing landscape of the cannabis industry is keeping employers on their toes nationwide. As more and more states expand the legalization of cannabis products, we are also seeing a trend in the cannabis statutes for...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says Title IX Does Not Allow Employment Discrimination Claims

In a break from other federal appeals courts, the Eleventh Circuit ruled last week that Title IX does not provide school district and university employees with a private right of action to file sex-based discrimination...more

Kilpatrick

Illinois Passes Law Limiting 'Captive Audience' Meetings

Kilpatrick on

On July 31, 2024, Illinois Governor J.B. Pritzker signed Senate Bill 3649, the “Worker Freedom of Speech Act,” (the “Act”) which prohibits employers from using “captive audience” meetings with employees to discuss an...more

Shook, Hardy & Bacon L.L.P.

NYC’s Latest Amendments on Earned Sick, Safe Time Provide Private Right of Action

Effective March 20, 2024, the New York City Earned Safe and Sick Time Act (ESSTA) creates a private cause of action for alleged statutory violations. Employers may now face potential civil and/or class actions, in addition to...more

Shook, Hardy & Bacon L.L.P.

New York City’s Latest Amendments on Earned Sick and Safe Time Provides a Private Right of Action Including Compensatory Damages,...

Effective March 20, 2024, the New York City Earned Sick and Safe Time Act (ESSTA) creates a private cause of action for alleged statutory violations. Employers may now face potential civil and/or class actions, in addition to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Supreme Judicial Court Rejects Compensation Plan Allocating Commissions to Overtime and Premium Pay

On March 28, 2024, in Sutton v. Jordan’s Furniture, Inc., the Massachusetts Supreme Judicial Court (SJC) upheld a Massachusetts Superior Court decision finding the furniture retailer’s commission-based compensation scheme...more

Sheppard Mullin Richter & Hampton LLP

NYC Permits Private Right of Action for Earned Safe and Sick Time Violations

Effective as of March 20, 2024, New York City law permits “any person” to initiate a private right of action for violations of the Earned Safe and Sick Time Act (“ESSTA”). The new law amends Section 20-924 of the New York...more

Stokes Wagner

You Can Now Get Privately Sued for Failing to Provide NYC Safe and Sick Leave

Stokes Wagner on

Effective March 20, employees in New York City can bring private actions against their employers for violations of the city’s Earned Safe and Sick Time Act, NYC Admin. Code § 20-911 et seq. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Fisher Phillips

The Battle Over “Frequency of Pay” Claims in New York Continues: 3 Top Issues for Employers to Track

Fisher Phillips on

The legal landscape for “frequency of pay” claims involving manual workers in New York has recently been bubbling with activity. The state law at issue regulates the frequency in which “manual workers” must receive their...more

Fisher Phillips

New York Lawmakers Aim to Close Loopholes in NYC’s AI Bias Audit Law and Add Teeth to Workplace Protections

Fisher Phillips on

At least two proposed bills pending before the New York State Legislature would force employers to conduct bias audits and provide high levels of transparency if they use AI-fueled automated employment decision tools for...more

Parker Poe Adams & Bernstein LLP

New California Law Requires Notice to Employees About Void Noncompetes

Most employers know that California has for decades prevented enforcement of employee non-competition and customer non-solicitation agreements. Some companies with California operations modify their agreements with employees...more

Polsinelli

New York to Consider Rolling Back Liquidated Damages for Pay Frequency Violations

Polsinelli on

New York Governor Kathy Hochul’s proposed budget for fiscal year 2025 includes proposed legislation that would amend New York Labor Law to make clear that liquidated damages are not available as a remedy for certain pay...more

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

WilmerHale on

This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more

BakerHostetler

Manual Breaks Applied to Manual Workers’ Pay Frequency Claims

BakerHostetler on

2024 has gotten off to a hot start for New York employers. We have already seen significant developments regarding the New York Labor Law’s (NYLL) pay frequency requirements....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York City Creates a Private Right of Action for Alleged Violations of the Earned Sick and Safe Time Act

On January 20, 2024, New York City enacted a law that will create a private right of action allowing employees to file lawsuits in court alleging violations of the city’s Earned Safe and Sick Time Act (ESSTA) within two years...more

Mintz - Employment Viewpoints

New York Court Puts Breaks on Manual Worker Weekly Wage Payment Claims

In a hotly anticipated decision, the New York State Appellate Division, Second Department held in Grant v. Global Aircraft Dispatch, Inc. that manual workers do not have a private right of action under the New York Labor Law...more

Perkins Coie

Valentine’s Day Marks Compliance Deadline for California Noncompete Notification Requirement

Perkins Coie on

For some time now, California law has generally prohibited employers from entering into post-employment noncompete agreements with employees unless an exception applies. The basis for this prohibition is found in Section...more

Seyfarth Shaw LLP

New York Weekly Pay Update: Governor and Appellate Court Seek to Scale Back Litigation

Seyfarth Shaw LLP on

Seyfarth Synopsis: A legislative proposal by the Governor, and a new appellate court decision, may have significant ramifications for weekly pay litigation in New York state and federal courts....more

Littler

New York Frequency of Pay Update: Governor Proposes Legislation and Second Department Finds No Private Right of Action for New...

Littler on

New York Labor Law (NYLL) Section 191 sets out a “schedule” for the frequency of wage payments of various categories of workers, including manual workers, who must be paid on a weekly basis.  New York State’s Department of...more

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