Retaliation under New York Labor Law can take many forms, but we rarely hear about it in the context of wage kickbacks. This is because the statute only provides a private right of action to plaintiffs in limited situations. A recent case made it all the way to the Court of Appeals – New York’s highest court – to determine whether an aggrieved employee could pursue his suit for kickback retaliation under the applicable Labor Law.
Read more »Labor & Employment
-
No Private Right of Action for Financial Kickback Retaliation Under New York Labor Law Posted on: April 18, 2022 In: Labor & Employment
-
Federal Law Ends Mandatory Arbitration of Sexual Harassment and Sexual Assault Claims Posted on: April 15, 2022 In: Labor & Employment
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which took effect immediately. The Act effectively bans employers from requiring mandatory arbitration of sexual harassment and sexual assault claims, whether arising under federal, state, or tribunal law. Consequently, employees across the U.S. now have the right to choose between pursuing such claims in court or through private arbitration.
Read more »
-
California Employers: New Law Expands Record Retention Requirements Posted on: April 13, 2022 In: Labor & Employment
The California Department of Fair Employment and Housing (DFEH) enforces civil rights laws with respect to housing and employment. In 2022, Senate Bill 807 (SB 807) changed the requirements for employers to maintain and preserve personnel records. Effective January 1, 2022, employers must now preserve these records for a minimum of four years, and possibly longer if a DFEH complaint has been filed.
Read more »
-
Absent Investigation, Florida Private Sector Whistleblower Act “Retaliation” Claim Requires Actual Violation of Law, Rule, or Regulation Posted on: April 12, 2022 In: Labor & Employment
The Florida Private Sector Whistleblower Act prohibits retaliatory action by private employers as against employees who provide information to, testify, or otherwise participate in an investigation before an appropriate governmental agency as to an employer’s legal violation. However, a Florida federal court recently granted summary judgment in favor of an employer in such an action because the employee failed to prove an actual legal violation.
Read more »
-
New York State Human Rights Law Amendments for the First Quarter of 2022 Posted on: March 28, 2022 In: Labor & Employment
New York continues to be in the vanguard with respect to amending its anti-discrimination laws to expand employee rights and remedies. This post addresses the most recent newly adopted amendments, but it appears more significant amendments are imminent. We will advise as the law continues to be amended.
Read more »
-
A Primer on Employee Expense Reimbursements in California Posted on: March 08, 2022 In: Labor & Employment
In California, employers must reimburse their employees “for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer." (Labor Code Section 2802.) Expense reimbursements can include use of personal cellphones, computers, vehicles, and more. The purpose of the law is to prevent employers from passing their operating expenses on to employees.
Read more »
-
Prevailing Wages: Who Needs to Pay Them & What Happens When They Don’t Posted on: February 14, 2022 In: Labor & Employment
Contractors and subcontractors working on certain federally and state-funded construction projects should ensure they follow federal and state prevailing wage laws when submitting bids and paying their employees. Failure to follow these laws can result in steep penalties for the employers.
Read more »
-
Ban-The-Box Update on the Use of Criminal History in Hiring Decisions Posted on: February 08, 2022 In: Labor & Employment
In recent years, more than 30 states and 150 local governments have enacted “Ban-The-Box” legislation limiting how and when employers may inquire about an applicant’s criminal history. Despite the obvious pros of this Ban-The-Box legislation, it was not until the passage of the Fair Chance to Compete for Jobs Act, as part of the National Defense Authorization Act in December 2019, that there was any meaningful guidance from our federal legislators on the topic.
Read more »
-
Reinstatement is Back on the Menu Posted on: January 05, 2022 In: Labor & Employment
Nearly every single EEOC Charge of Discrimination filed by a former employee is resolved with the employment relationship permanently severed. In nearly all cases, after pursing litigation, both parties are happy to go their separate ways. However, the Tenth Circuit recently held that “reinstatement is the preferred remedy and should be ordered whenever it is appropriate.”
Read more »
-
Which States Are Paying More Money in 2022: An Overview of Minimum Wage Increases Across the Country Posted on: December 15, 2021 In: Labor & Employment
As 2021 begins to wind down, employees in many states can look forward to a raise in the new year as minimum wage rate increases take effect across the country in January 2022. This post lists the new minimum wage rates for those states, including information about tipped workers and tip credits.
Read more »
-
New Electronic Monitoring Disclosures for New York Employers Posted on: November 18, 2021 In: Labor & Employment
Many employers have already acted wisely by adopting policies to advise their employees that the employer reserves the right to engage in electronic monitoring of employee communications by phone and email, as well as employee internet access and usage. Effective May 7, 2022, New York employers will be obligated to adopt and enforce such policies if they do engage in such monitoring.
Read more »
-
New Jersey Adds Age Discrimination Protections for Workers Aged 70 and Older Posted on: November 17, 2021 In: Labor & Employment
On October 5, 2021, New Jersey Governor Phil Murphy signed into law legislation that provides new protections for persons aged 70 and older under the umbrella of the New Jersey Law Against Discrimination (LAD). The new law is designed to enable older workers to “retire by their own volition” and protect their financial independence. The law is effective immediately.
Read more »