SCOTUS Imposes Steeper “But For” Standard on § 1981 Claimants
April 08, 2020
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In a recent decision (Comcast Corp. v. Nat'l Ass'n of African Am.-Owned Media, No. 18-1171, 2020 WL 1325816, at *1 (U.S. Mar. 23, 2020)), the Supreme Court held that an employee who allege claims race discrimination under 42 U.S.C. § 1981 have the burden of proving their race was the
Continue Reading →The Latest from the Department of Labor
March 28, 2020
The Department of Labor issued new guidance on March 24, 2020 related to the Families First Coronavirus Response Act. Here are the highlights: April 1 effective date. Given the FFCRA’s statement that it would go into effect “not later than 15 days after enactment” most the world calcu
Continue Reading →How to Best Survive the Economic Fallout from COVID-19
March 28, 2020
This guide is intended to help our clients who are making tough decisions in light of the COVID-19 pandemic and the resulting economic fallout. We hope these tips are helpful. Tip No. 1. Remember, this too shall pass. No one knows how long this health crisis will last or how long i
Continue Reading →The Down and Dirty of the Families First Coronavirus Response Act
March 28, 2020
• The law will take effect on April 1, 2020 and expire on December 31, 2020. • It applies to employers with fewer than 500 workers. • Employees are eligible for paid leave and paid sick time relating to COVID-19 and its impact. • Pay is calculated using the employee’s regular rate of
Continue Reading →New York Law Requires Change in Employee Handbooks
December 19, 2019
The New York legislature recently enacted Section 203-e of New York’s Labor Law. Under the new law, and consistent with New York City law, employers in New York State are now prohibited from discriminating against an employee on the basis of the employee’s reproductive health decisio
Continue Reading →The Department of Labor announced new rules today that better define what perks and benefits may be excluded from the regular rate of pay when calculating overtime.
December 12, 2019
The Department of Labor announced new rules today that better define what perks and benefits may be excluded from the regular rate of pay when calculating overtime. The DOL summarized what may be excluded from the regular rate as follows: the cost of providing certain parking benefits
Continue Reading →Supreme Court Steers Transportation Workers Away From Arbitration
January 18, 2019
In New Prime Inc. v. Oliveria, the Supreme Court of the United States issued an opinion, holding that Section 1 of the Federal Arbitration Act (“FAA”) limits the scope of a court’s authority to stay litigation and compel arbitration when addressing “contracts of employment of seamen,
Continue Reading →Sexual Harassment Settlements and Confidentiality
February 27, 2018
Sexual Harassment Settlements and Confidentiality – Keep it quiet and you’ll lose the tax deduction. There has been much ado about the confidential settlement of sexual harassment claims. And while no one was looking, Congress took a big step toward making confidentiality expensive. A
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