Recent Blog Posts
- NYC Issues FAQs on New Sexual Harassment Training Requirements Pursuant to its mandate to implement the new anti-sexual harassment training requirements under the Stop Sexual Harassment Act (the “Act”), the New York City Commission on Human Rights (“Commission”) just released FAQs clarifying various aspects of the Act’s training mandates. Most notably, the FAQs address how an employer should determine whether it is covered by the training requirement, as well as a covered employer’s obligations with regard to training independent contractors. The training mandate becomes effective on April 1, 2019.
- Guidance on Employers’ Obligations Under the New York City’s Disability Discrimination Laws Issued Our colleagues Susan Gross Sholinsky, Nancy Gunzenhauser Popper, and Amanda M. Gómez at Epstein Becker Green has a post on the Retail Labor and Employment Law blog that will be of interest to our readers in the hospitality industry: “NYC Commission on Human Rights Issues Guidance on Employers’ Obligations Under the City’s Disability Discrimination Laws.”
Following is an excerpt:
The New York City Commission on Human Rights (“Commission”) recently issued a 146-page guide titled “Legal Enforcement Guidance on Discrimination on the Basis of Disability”... More
- NYC Human Rights Commission Proposes Broad Interpretation of Laws Protecting Gender Identity and Expression The New York City Commission on Human Rights (the “Commission”) recently proposed new rules (“Proposed Rules”), which, among other things, define various terms related to gender identity, re-enforce recent statutory changes to the definition of the term “gender,” and clarify the scope of protections afforded gender identity status under the New York City Human Rights Law (“NYCHRL”). If the proposed rules are adopted, the Commission’s interpretation of the NYCHRL will establish broad protections for individuals covered by the law’s prohibition... More
- Industry Spotlights Webinar Series: Wage and Hour Developments Impacting Hospitality and Home Health Care Industries In 2018, we have seen important new wage and hour developments unfolding on a seemingly weekly basis. To help you stay up to date and out of the crosshairs of the plaintiffs’ bar, we invite you to join Epstein Becker Green’s Employment, Labor & Workforce Management Webinar Series presentation for September. Presented by our Wage and Hour practice group, this webinar will focus on wage and hour developments affecting the hospitality and home health care industries, although much of the... More
- NYC Employers Required to Grant Temporary Schedule Changes – Employment Law This Week Featured on Employment Law This Week: NYC Employers Required to Grant Temporary Schedule Changes .
New York City employers are now required to accommodate some employee schedule changes – As of July 18th, employees in New York City can request temporary schedule changes, or permission to take unpaid time off for personal events like a caregiving emergency. Employers are required to grant up to two changes per year for up to one business day per request. Employees must be on the... More
- New California Law Aims to Protect Employers and Harassment Victims from Defamation Lawsuits On July 9, 2018, Governor Edmund Brown, Jr. signed into law Assembly Bill 2770 (“AB 2770”) to protect victims of sexual harassment and employers from defamation claims brought by alleged harassers. AB 2770 was sponsored by the California Chamber of Commerce and passed by the California Legislature to address the chilling effect that the threat of defamation suits can have on harassment victims and employers: deterring victims and witnesses from coming forward; deterring employers from telling prospective employers about a... More
- Voter-Approved Elimination of Tip Credit In Question by Proposed D.C. Council Legislation Our colleague Brian W. Steinbach at Epstein Becker Green has a post on the Wage & Hour Defense Blog that will be of interest to our readers in the hospitality industry: “Proposed D.C. Council Legislation Puts Voter-Approved Elimination of Tip Credit Into Question.”
In our June 28, 2018 post on District of Columbia voters approving Initiative 77, which would incrementally increase the minimum cash wage for tipped workers to $15.00 per hour by July 1, 2025, and effectively eliminate the tip credit staring July... More
- Supreme Court Prevents Successive Class Actions from Reviving Time-Barred Claims Our colleague Paul DeCamp at Epstein Becker Green has a post on the Wage & Hour Defense Blog that will be of interest to our readers in the hospitality industry: “Supreme Court Prevents Successive Class Actions from Reviving Time-Barred Claims.”
In most wage and hour cases, each workweek gives rise to a separate claim, at least for statute of limitations purposes. Thus, an employee seeking payment for alleged off-the-clock work or an independent contractor claiming misclassification and entitlement to overtime ordinarily may seek back... More
- Supreme Court Rules in Favor of Baker in LGBT Discrimination Case On June 4, the Supreme Court voted 7-2 in favor of a Christian Colorado baker and owner of Masterpiece Cakeshop, who had refused to create a custom wedding cake for a gay couple due to his religious objections to gay marriage.
Although the case previously had been litigated on free speech grounds, the Court’s opinion largely avoids this constitutional question, and does not address whether Title VII prohibits discrimination based on sexual orientation. Instead, the decision focuses on the Colorado Civil... More
- NJ Senate Advances Ban on Sex Harassment Confidentiality Agreements – Employment Law This Week Featured on Employment Law This Week: NJ Senate Advances Ban on Sex Harassment Confidentiality Agreements.
The New Jersey Senate wants no more secrecy around harassment claims. On a 34-to-1 vote, the chamber approved legislation banning confidentiality agreements involving sexual harassment claims. The bill is still pending in the House, where a vote is expected in the next few weeks. The legislation would also allow victims to keep their identities confidential and would establish jurisdiction in Superior Court, arguably bypassing arbitration agreements.