Latest from Law and the Workplace
Seventh Circuit Reaffirms Test for Employee Status
On May 8, 2019, the Seventh Circuit reaffirmed its test for determining employee status under federal anti-discrimination laws, holding that a physician lacked standing to bring Title VII claims against the hospital at which she maintained practice privileges because she was not an employee. Levitin v. Northwest Community Hospital, No. 16-cv-3774. Background Plaintiff owned and … Continue Reading
[Podcast]: Medical Marijuana and the Potential NYC New Law
In this episode of The Proskauer Brief, partners Harris Mufson and Evandro Gigante discuss recently passed legislation by the New York City Council, which would prohibit some employers in NYC from requiring job applicants to submit to drug tests for marijuana use. Specifically, the bill would amend the City’s Fair Chance Act to make it … Continue Reading
Non-Competes in Washington – Over-Reaching Could Cost Employers
Washington is the most recent state to adopt a law restricting the use of noncompetition agreements. The new law (HB 1450), which was signed by Governor Jay Inslee on May 8, 2019 and is scheduled to go into effect on January 1, 2020, will add unique challenges for employers and further complicate the restrictive covenant … Continue Reading
Retail Salespeople Paid on Commission Are Entitled to Overtime and Sunday Pay, Massachusetts SJC Says
On May 8, 2019, Massachusetts’ highest court held that retail salespersons who are paid entirely on a commission or draw basis, may nevertheless be entitled to additional overtime or pay for work on Sundays. The Supreme Judicial Court considered these questions in Sullivan v. Sleepy’s LLC, SJC-12542. The narrow questions the Court considered were whether … Continue Reading
The EEO-1 Saga Continues — An Appeal, Additional Requirements, and More…
Employers would be forgiven for feeling figurative whiplash from all of the developments surrounding the EEO-1 in recent weeks. After understanding they would not have to submit pay data with their EEO-1 submissions (referred to as “Component 2 data”), in a series of rulings. Judge Tanya Chutkan reinstated the obligation. Since then, employers have been reading … Continue Reading
EEOC Issues Statement Regarding EEO-1
On April 29, 2019, the EEOC issued the following statement regarding the recent EEO-1 developments: Notice of Immediate Reinstatement of Revised EEO-1: Pay Data Collection EEO-1 filers should begin preparing to submit Component 2 data for calendar year 2018 by September 30, 2019, in light of the court’s recent decision in National Women’s Law Center, et … Continue Reading
