You Can’t Find Me Anymore: New Jersey Cracks Down on Employer Tracking
5/16/22
By: Stephanie L. Greenfield, Esq.
Employers take notice, effective on April 19, 2022, a new law prohibits New Jersey employers from tracking vehicles driven by employees without first providing written notice. The law is designed to further protect employee privacy …
5/4/22
By: Michael M. Hill
In a sea change for antidiscrimination laws, the Supreme Court ruled in Cummings v. Premier Rehab Keller, P.L.L.C. that, under certain federal statutes, plaintiffs cannot obtain damages for mental or emotional distress. The statutes implicated by …
Employer overcomes religious-based challenge to vaccine mandate
5/2/22
On April 27, 2022, the United States Court of Appeals for the First Circuit Court ruled in Together Employees, by Individual Representatives v. Mass. Gen. Brigham Inc. (2022 U.S. App. LEXIS 11379), that a hospital system …
Massachusetts High Court Issues Two Important Wage and Hour Decisions
4/22/22
By: Jennifer Markowski, R. Victoria Fuller and Chris Redd
The Massachusetts Supreme Judicial Court (“SJC”) recently issued a pair of decisions clarifying potential damages under Massachusetts’ wage and hour laws. Reuter v. City of Methuen addressed the appropriate measure …
PAGA Manageability Requirement: A Split of Authority in California
4/15/22
By: Adam G. Khan
On March 23, 2022, the California Court of Appeal based in Orange County held in Estrada v. Royalty Carpet Mills, Inc., 2022 Cal. App. LEXIS 237 a trial court “cannot dismiss a PAGA claim based …
California court holds that board diversity law violates equal protection
4/13/22
By: John Rubiner
On September 30, 2020, California Governor Gavin Newsom signed into a law a bill (SB 979) that required publicly held companies headquartered in California to include board members from underrepresented communities. The law further required that, by …
Updating Your California Employee Handbooks in 2022
4/4/22
Employee Handbooks protect employers from potential litigation. California has notoriously strict laws protecting employees; all businesses should regularly review handbooks for updates. If your business is based outside California, you should consider creating an addendum for …
Significant Changes for Federal Contractors Likely Coming Soon
4/1/22
By: Amy C. Bender
The U.S. Department of Labor has proposed the most sweeping changes to the regulations implementing the Davis-Bacon Act and Related Acts in 40 years. The Davis-Bacon Act requires the payment of locally prevailing wage rates and …
3/23/22
The U.S. Women’s National Team (“USWNT”) recently settled its highly publicized class-action lawsuit under Title VII and the Equal Pay Act against the U.S. Soccer Federation (“U.S. Soccer”). Under the terms of the settlement, the …
Another Step Toward Limiting Forced Arbitration: House Passes the FAIR Act
3/22/22
By: Margot Parker
Following President Biden’s recent signing of a bill ending mandatory arbitration of sexual assault and harassment claims accruing on or after March 2, 2022, the U.S. House approved the FAIR Act (Forced Arbitration Injustice Repeal) on March …
Congress passes bill barring arbitration agreements for sexual harassment claims
2/11/22
By: Courtney Mazzio
Yesterday, a bill passed with overwhelming support in Congress that will significantly impact the ability of employers to enforce mandatory arbitration contracts when faced with sexual harassment claims. Specifically, the proposed Ending Forced Arbitration of Sexual Assault …
2/8/22
By: Janet Barringer & Ryan Giggi
Practical tip for employers: understand the root of an employee’s request for accommodation in order to effectively engage in the requisite interactive process. Otherwise, the response by the employer to an employee’s request for …