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Recent Blog Posts

  • This Employment Law This Week® Monthly Rundown discusses the most important developments for employers in August 2019. This episode includes: Increased Employee Protections for Cannabis Users First Opinion Letters Released Under New Wage and Hour Leadership New Jersey and Illinois Enact Salary History Inquiry Bans Deadline for New York State Anti-Harassment Training Approaches Tip of the Week See below to watch the full episode – click here for story details and video. We invite you to view Employment Law This Week® – tracking the latest developments that could impact you and your workforce.... More
  • Our colleagues Maxine Neuhauser, Nathaniel M. Glasser, Denise Dadika, & Anastasia A. Regne, at Epstein Becker Green have recently published a post on the Health Employment and Labor blog that will be of interest to our readers in the retail industry: “New Jersey’s Highest Court to Decide Whether Employers Are Required to Accommodate Medical Marijuana Use.” Following is an excerpt: In Wild, which we discussed in a recent client alert, plaintiff Justin Wild (“Wild”) alleged that his employer, Carriage Funeral Holdings (“Carriage Funeral”) failed to reasonably accommodate his disability (cancer) and unlawfully... More
  • Our colleague Amanda M. Gomez at Epstein Becker Green have recently published a post on the Hospitality Labor and Employment Law blog that will be of interest to our readers in the retail industry: “Colorado Joins Wave of States to Offer Heightened Employee Protections.” Following is an excerpt: Additionally, employers that can demonstrate a good faith effort through proactive measures to comply with the Act may be able to mitigate liability should a claim arise. Similar to “safe harbor” provisions in equal pay laws in Massachusetts and Oregon, such... More
  • Our colleague Amanda M. Gomez at Epstein Becker Green have recently published a post on the Hospitality Labor and Employment Law blog that will be of interest to our readers in the retail industry: “Proposed Regulation Prohibiting Gender Identity Discrimination Conforms Division of Human Rights’ Regulations to Executive Law.” Following is an excerpt: After a long legislative battle, the New York State Gender Expression Non-Discrimination Act (“GENDA” or “Law”), which was signed into law and became effective on January 25, 2019, explicitly added “gender identity or expression” as a... More
  • Many retail employers require their employees to agree to arbitrate employment-related disputes as a condition of employment. The United States Supreme Court has repeatedly emphasized that workplace arbitration agreements are enforceable according to their terms, and state law that restricts such enforcement is preempted by the Federal Arbitration Act (“FAA”). Notwithstanding those pronouncements, states, such as New York and New Jersey, have crafted legislation designed to nullify an employee’s agreement to arbitrate certain employment-related claims. In response to the #MeToo movement,... More
  • This Employment Law This Week® Monthly Rundown discusses the most important developments for employers in July 2019. Both the video and the extended audio podcast are now available. This episode includes: State Legislation Heats Up NLRB Overturns Another Long-Standing Precedent SCOTUS October Term 2018 Wraps Up Tip of the Week: How inclusion and trust can increase innovation in the workplace See below to watch the full episode – click here for story details, the video, and the extended audio podcast. Stay tuned: Sign-up for email notifications and subscribe to the... More
  • This edition of Take 5 highlights compliance with cutting-edge issues—such as pay equity, workplace violence, and artificial intelligence (“AI”)—that have a significant impact on retailers. We also provide an update on National Labor Relations Act (“NLRA”) compliance and New York City drug testing to assist you in navigating an increasingly complex legal landscape. Watercooler (and Bathroom) Conversations Among Co-Workers About Work-Related Matters Are Not Always Protected Concerted Activity Under the NLRA RyAnn M. Hooper Historically, a conversation between two or more employees about... More
  • Our colleagues Nathaniel M. Glasser, Denise Merna Dadika, Maxine Neuhauser, and Anastasia A. Regne at Epstein Becker Green have recently published a post on the Health Employment and Labor Blog that will be of interest to our readers in the retail industry: “New Jersey Enacts Broad Employment Protections for Registered Medical Cannabis Users.” Following is an excerpt: On July 2, 2019, New Jersey joined Illinois, Nevada, New Mexico, New York City, and Oklahoma in enacting employment protections for authorized users of medical cannabis. New Jersey’s new medical cannabis law (“Law”), which became effective upon signing by Governor Phil... More
  • As previously reported, last week the Massachusetts Department of Family and Medical Leave (“DFML”) announced several changes, both substantive and procedural, to the state’s Paid Family and Medical Leave program (“PFML”). This week, the DFML has provided further guidance on changes to the worker notice requirements, issued new workplace posters, and posted the final regulations. Updates to Notice Requirement As part of its June 14, 2019 announcement, the DFML changed the deadline for employers to provide required notices to workers for... More
  • As we previously reported, the Massachusetts Department of Family and Medical Leave (“DFML”) recently extended the deadline for employers to provide notice to employees of their rights and obligations under the State’s Paid Family and Medical Leave (“PFML”) law. Subsequently, on June 11, 2019, Massachusetts Governor Charlie Baker, state Senate President Karen Spilka, and state House Speaker Robert DeLeo released a joint statement announcing that implementation of certain aspects of the PFML program are being pushed back, and that “technical... More