Labor & Employment

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Employment discrimination charges are at a twelve-year low, the U.S. Equal Employment Opportunity Commission (“EEOC”) reported last week. The EEOC released data for charges of workplace discrimination in fiscal year 2018. However, the number of sexual harassment charges increased, likely due to the #MeToo movement which has focused on publicizing and eradicating sexual harassment in…

The Federal Department of Labor (“DOL”) recently proposed two new rules addressing joint employer status and overtime pay calculation under the Fair Labor Standards Act (“FLSA”). These proposals are significant because the underlying regulations had not been updated in decades.

Joint Employer Status

On April 1, 2019, the DOL proposed the new rule for determining…

On March 14, 2019, the U.S. Department of Labor, Wage and Hour Division (“DOL”) released an opinion letter clarifying the DOL’s position on designating and taking leave under the Family and Medical Leave Act (“FMLA”). Specifically, the DOL stated that employers cannot delay the designation of FMLA-qualifying leave or designate more than 12 weeks of…

Recently, Democratic federal legislators proposed a bill to bar companies from requiring employees to sign mandatory arbitration agreements and also from preventing employees from bringing class actions.

Proposed Bill

The proposed bill, the Forced Arbitration Injustice Repeal Act (“FAIR Act”), sponsored by Connecticut Senator Richard Blumenthal and New York Congressman Jerrold Nadler, would ban mandatory…

Recently, we reported that the Department of Labor (“DOL”) would likely release a new rule addressing the “white collar” overtime exemptions for executive, administrative, and professional workers soon.  The DOL released this much anticipated proposed rule on March 7, 2019.

Proposed Changes

Under the proposed rule, the salary level threshold would increase from $455 per…

In February, the New York City Commission on Human Rights, released guidance that defines race discrimination to include discrimination based on natural hair and hairstyles.  Under this guidance, the New York City Human Rights Law now protects the rights of New York City (“NYC”) employees to maintain natural hair or hairstyles that are closely associated…

An updated rule for the Fair Labor Standard’s Acts “white collar” overtime exemptions for executive, administrative, and professional workers is likely coming soon.  In mid-January, the United States Department of Labor (“DOL”) submitted its proposed final rule governing these exemptions to the White House Office of Management and Budget for final approval.  As we reported…

The General Assembly began its 2019 Legislative Session on January 9th.  Many bills affecting the workplace have already been introduced.  They include the following:

Leave of Absence

  • HB5003 and SB1 would create a paid Family and Medical Leave funded by employee contributions, similar to a workers’ compensation program. The bills would also broaden

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There are 3 significant developments at the National Labor Relations Board (“NLRB”).

NLRB Revises Independent Contractor Test

In late January, the Board overturned the Obama-era test for establishing whether an individual is an employee or independent contractor under the National Labor Relations Act.  Under the Obama-era test, the Board ignored whether an individual had entrepreneurial…