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Recent Blog Posts

  • Employers seeking information about potential reasonable accommodations, and tips on the interactive process, can turn to the newly updated Job Accommodation Network (JAN) Toolkit. The Department of Labor provides funding for JAN as a free, comprehensive, online resource to assist businesses in complying with the Americans with Disabilities Act (ADA). According to the website, the Toolkit “provides resources to support organizational efforts to accommodate applicants, candidates, and employees with disabilities; to train those serving in roles critical to managing disability; and... More
  • Our colleagues Jeffrey H. Ruzal and Carly Baratt at Epstein Becker Green have recently published a post on the Wage and Hour Defense blog that will be of interest to our readers in the retail industry: “Latest Department of Labor Opinion Letter Addresses the FLSA’s Retail/Service Establishment Employee Exemption.” Following is an excerpt: As background, FLSA Section 7(i) exempts a retail or service establishment employee from the FLSA’s overtime pay requirements if (i) the employee’s regular rate of pay exceeds 1.5 times the federal minimum wage for any week in... More
  • On August 20, 2019, Governor Andrew M. Cuomo signed A5618/S1040 (the “Amendment”) into law, amending the New York State Human Rights Law (“NYSHRL”) with respect to protections for victims of domestic violence. The Amendment becomes effective November 18, 2019. The Amendment broadens the definition of “victim of domestic violence” to make it consistent with the Domestic Violence Prevention Act (NY Soc. Serv. L § 459-A). In addition, although the NYSHRL previously prohibited discrimination against victims of domestic violence, the Amendment explicitly... More
  • Our Employee Benefits and Executive Compensation practice now offers on-demand “crash courses” on diverse topics. You can access these courses on your own schedule. Keep up to date with the latest trends in benefits and compensation, or obtain an overview of an important topic addressing your programs. In each compact, 15-minute installment, a member of our team will guide you through a topic. This on-demand series should be of interest to all employers that sponsor benefits and compensation programs. In our newest installment, Tzvia Feiertag, Member of the Firm in... More
  • 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