Lexology

New York State Legislature Enacts Sweeping Changes to Combat Sexual Harassment

USA - June 24 2019 On June 19th, the New York State Senate and Assembly voted to pass omnibus legislation greatly strengthening protections against sexual harassment…

NLRB Limits Union Access Rights to “Public Spaces” of Employers

USA - June 17 2019 On June 14, 2019, the National Labor Relations Board (NLRB or Board) issued an important decision clarifying whether and when an employer may lawfully…

It’s OK to Be Different- NLRB Rules That Union Represented Employees Are Not Entitled to Midterm Bargaining Over Same Paid Holiday Granted to Non-Represented Employees

USA - June 6 2019 Does an employer automatically engage in unlawful discrimination when it grants an improved benefit to its non-union employees but withholds the…

Supreme Court Rules That Employers Can Be Forced To Defend Against Actions Under Title VII Not Properly Brought Before the EEOC

USA - June 3 2019 Resolving a circuit split regarding the jurisdictional nature of Title VII’s charge-filing requirement—the statutory requirement that an employee who…

New York Requires Employees be Provided 3 Hours Paid Time Off to Vote

USA - June 3 2019 As part of New York State’s fiscal year 2020 budget, Governor Andrew Cuomo has announced an amendment to Section 3-110 of the state election law…

Mandatory Backpay in ADEA Claims: What Will SCOTUS Decide?

USA - May 30 2019 Baltimore County has petitioned the Supreme Court to decide whether backpay for violations of the Age Discrimination in Employment Act (“ADEA”) is…

California’s Meal and Rest Break Rules for Commercial Motor Vehicle Drivers Remain Preempted by Federal Law . . . For Now

USA - May 10 2019 Signaling another positive development for interstate motor carriers operating in California, the United States District Court for the Central…

“Financial Core” - A Dissident Writer’s Recourse

USA - May 9 2019 Amid the confusion and tensions of the WGA-ATA dispute over packaging fees and agency ties to affiliated production entities, more than 7,000…

“Panic Button” Laws Make Their Way Across The U.S.

USA - May 8 2019 Last August, we wrote about a Chicago ordinance requiring hotel employers to, among other things, equip hotel employees assigned to work in…

No Evidence? No Problem! National Labor Relations Board’s General Counsel Memorandum Eases Burden On Beck Objectors Following Board’s Decision in Kent Hospital

USA - May 8 2019 On April 29, 2019, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) issued Memorandum GC 19-06, which provides guidance…