A suite of bills aimed at further enhancing protections for both employees and independent contractors regarding discrimination, harassment and retaliation in the workplace are on the horizon in New York State. Several of these bills, if ultimately enacted, would potentially lead to a groundbreaking shift in how employers approach settlement of discrimination, harassment and retaliation … Continue Reading
On June 11, 2020, the Department of Family and Medical Leave (“DFML”) will hold a virtual public hearing on its recent proposed amendments to the final regulations pertaining to the Massachusetts Paid Family and Medical Leave Law (“PFML”) issued in June 2019. (Instructions for registering for the virtual hearing are available at this link). A … Continue Reading
In a February 12, 2020 decision, Parker v. EnerNOC, Inc., SJC-12703, the Massachusetts Supreme Judicial Court held that the full commission which would have been due to an employee had she not been retaliated against and terminated is a “lost wage” eligible to be trebled under the Wage Act. While employed by EnerNOC, the plaintiff … Continue Reading
Massachusetts employers’ decision-making processes with regards to lateral, internal employee transfers are now subject to possible state law discrimination claims. On January 29, 2019, the SJC issued its decision in Yee v. Massachusetts State Police, SCJ-12485, holding that when two jobs at the same level for the same employer offer “material differences” in compensation opportunity, … Continue Reading
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Laura Fant discuss recent amendments to New York State law prohibiting sexual harassment. The law will require employers to distribute policies prohibiting sexual harassment in the work place and implement annual training on sexual harassment. These policies, which much be distributed by October 9, 2018, … Continue Reading
As we have previously reported, New York State has enacted several significant measures regarding sexual harassment in the workplace. Effective October 9, 2018, all New York State employers are required to adopt written sexual harassment prevention policies and institute annual anti-harassment training for employees (see below for more details on specific requirements and deadlines). After … Continue Reading
As anticipated, New Jersey Governor Phil Murphy has signed into law the Diane B. Allen Pay Equity Act (the “Act”). The Act will take effect on July 1, 2018, giving employers approximately two months to review their policies to ensure compliance. As we previously reported, the Act will, among other things, make it an unlawful … Continue Reading
The New Jersey state legislature has passed a new pay equity law which will, among other things, make it an unlawful employment practice to pay employees of any protected class under the New Jersey Law Against Discrimination (“LAD”) at a lesser rate than other employees who perform “substantially similar work” unless the differential is based … Continue Reading
The Seventh Circuit recently concluded that the EEOC’s investigative powers do not end when a lawsuit related to the originating charge ends. EEOC v. Union Pacific, No. 15-cv-3452 (Aug. 15, 2017). Background. Two former railroad employees alleged race discrimination and retaliation in EEOC charges, asserting that they were not permitted to take an advancement test … Continue Reading
On July 27, 2017 Massachusetts Governor Charlie Baker signed into law the Massachusetts Pregnant Workers Fairness Act (“MPWFA”), a bill which had unanimously passed in both the House and Senate. As discussed previously, the MPWFA (formerly H. 3816) ensures that pregnant workers or workers with pregnancy-related conditions (such as nursing) receive reasonable accommodations and protection … Continue Reading
Earlier this month, Connecticut Governor Dannel Malloy has signed into law “An Act Concerning Pregnant Women in the Workplace” (the “Act”), which enhances employment protections for pregnant employees and applicants under the state’s existing anti-discrimination law. The expanded protections amend the Connecticut Fair Employment Practices Act (“CFEPA”) and will go into effect October 1, 2017. … Continue Reading
On December 19, 2016, the Fifth Circuit joined the Sixth and Seventh Circuits in holding that “employees” under the FLSA may recover emotional distress damages in FLSA retaliation actions, finding that the district court erred by refusing to instruct the jury on the availability of emotional distress damages for an employee’s retaliation claim. In so … Continue Reading
On November 15, 2016, the EEOC published its Fiscal Year 2016 Performance and Accountability Report. The Performance Report details the EEOC’s efforts over the past fiscal year, which ran from October 1, 2015 to September 30, 2016, toward achieving “equality and justice for all” as described by Chair Jenny Yang. In 2012, the agency adopted … Continue Reading
About two years ago, Oregon enacted a law restricting employers from accessing the personal social media accounts of their applicants and employees. For more on the law, see our prior client alert. Last week, Oregon’s governor signed a bill to broaden the protections of the state’s social media law. The amendment takes effect January 1, … Continue Reading
Earlier this week, Connecticut Governor Dannel P. Malloy signed a law to protect prospective and current employees from employer interference with their “personal online accounts.” The new law, which will take effect on October 1, 2015, defines personal online accounts to include any online account used by a prospective or current employee exclusively for personal … Continue Reading
Yesterday, Montana became the twentieth state to enact a law protecting employees from employer interference with personal social media accounts. The law, which takes effect immediately, prohibits employers from requiring or requesting that a current or prospective employee: disclose a username or password to his or her personal social media account; access a personal social … Continue Reading
On April 14, 2015, an act protecting interns in Maryland from employment discrimination officially became law. As of October 1, 2015, employers are prohibited from discriminating against interns with respect to the terms, conditions or privileges of their internships (including offering and terminating internships), on the basis of the individual’s race, color, religion, sex, age, … Continue Reading
On April 20, 2015, the Second Circuit overruled its existing precedent and held that oral complaints of FLSA violations, made internally to a supervisor, can form the basis for a retaliation claim under Section 215 of the FLSA. Previously under Circuit law, an employee had to complain in writing, and to a government agency, in … Continue Reading
Virginia is now the nineteenth state to provide increased social media protections to prospective and current employees, joining Arkansas, California, Colorado, Illinois, Louisiana, Maryland, Michigan, Nevada, New Hampshire, New Jersey, New Mexico, Oklahoma, Oregon, Rhode Island, Tennessee, Utah, Washington, and Wisconsin. Effective July 1, 2015, Virginia’s law will prohibit an employer from requiring a prospective … Continue Reading
Last week, in Equal Employment Opportunity Commission (“EEOC”) v. Allstate Insurance Co., No. 2-01-cv-07402 (3d Cir. Feb. 13, 2015), the Third Circuit affirmed that the defendant did not violate federal anti-retaliation laws by offering thousands of terminated at-will employees the opportunity to continue working as independent contractors in exchange for signing a release. By way … Continue Reading
Employers have been scrambling to keep up with the multitude of paid sick leave laws that were passed in the last several years. These laws vary by jurisdiction and often can’t be easily reconciled into a uniform policy — an issue for multi-state employers. As reported in today’s New York Times, President Obama is asking … Continue Reading
2014 was another busy year for developments in New Jersey employment law, including in ten key areas—whistleblowing, pre-employment inquiries/background checks, amendments to the Law Against Discrimination (“LAD”), LAD litigation, wage and hour, the Family Medical Leave Act, sick leave, states of emergency, arbitration, and “unemployment discrimination.” Read our Top 10 newsletter to learn more about … Continue Reading
Add another locality to the growing list that have “banned the box” for private employers. Starting January 20, 2015, employers with at least twenty-five full-time employees in Prince George’s County (MD) can no longer ask applicants about their criminal records on employment applications (i.e., banning the box) or through another medium (such as a consumer … Continue Reading
On December 4, 2014, the U.S. Court of Appeals for the Eleventh Circuit upheld summary judgment in favor of an employer against a pregnant employee who had requested FMLA, who was told by her direct supervisor “that [her] pregnancy was affecting [her] effectiveness” and who had complained about this to the employer’s Ethics Hotline. In … Continue Reading
This website uses third party cookies, over which we have no control. To deactivate the use of third party advertising cookies, you should alter the settings in your browser.