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  • Article

    Affirmative Defense Not Available for Harassment Claims Under New York City Law

    The Court of Appeals of New York recently held that the Faragher/Ellerth affirmative defense, which is available to employers under federal and New York state law for claims of sexual harassment, is not available under the New York City Human Rights Law ("NYCHRL").
    United StatesEmployment and HR
    Blank Rome LLP
    Blank Rome LLP
  • Article

    California Employers Must Pay Two Separate Wage Premiums For Daily Meal And Rest Period Violations

    The California Court of Appeal, in a blow to employers, recently rejected UPS’s contention, in UPS, Inc. v. State of California, that state law only required one additional hour of pay when an employee missed both meal and rest breaks in the same day.
    United StatesEmployment and HR
    Blank Rome LLP
    Blank Rome LLP
  • Article

    CFPB Advises That Employers Cannot Require Employees To Receive Wages By Payroll Card Accounts

    The federal Consumer Financial Protection Bureau issued a bulletin on September 12, 2013 cautioning employers not to force employees to receive their wages through "payroll cards" and reiterating employees’ rights with regard to payroll card accounts.
    United StatesEmployment and HR
    Blank Rome LLP
    Blank Rome LLP
  • Article

    D.C. Circuit Enjoins NLRB From Requiring Posting Of Notice Of Employees’ Rights

    Following conflicting decisions from two federal district courts, the U.S. Court of Appeals for the District of Columbia Circuit temporarily enjoined implementation of the National Labor Relations Board’s ("NLRB") final rule requiring employers to post notices of employees’ rights.
    United StatesEmployment and HR
    Blank Rome LLP
    Blank Rome LLP
  • Article

    Department Of Labor Board Clarifies Scope Of Sarbanes-Oxley Whistleblower Protection

    The U.S. Department of Labor Administrative Review Board ("Board") recently held, in Johnson v. Siemens Building Techs., Inc. No. 08-032, that the whistleblower provisions of the Sarbanes-Oxley Act of 2002 ("SOX") extend coverage to a non-public subsidiary whose financial information is included in the consolidated financial statements of its publicly traded parent. Section 806 of SOX provides whistleblower protection for employees of publicly traded companies, which used to be defined as a "com
    United StatesEmployment and HR
    Blank Rome LLP
    Blank Rome LLP
  • Article

    Department Of Labor To Issue Proposed Rule To Extend Minimum Wage And Overtime Protections To Home Care Workers

    The U.S. Department of Labor ("DOL") has just announced that it will publish a Notice of Proposed Rulemaking to revise the current Fair Labor Standards Act regulations pertaining to the minimum wage and overtime exemptions for companionship services and live-in domestic service workers.
    United StatesEmployment and HR
    Blank Rome LLP
    Blank Rome LLP
  • Article

    EEOC Holds That Transgender Employees And Job Applicants Are Protected By Title VII

    The Equal Employment Opportunity Commission ("EEOC") recently issued a ground-breaking decision holding that Title VII of the Civil Rights Act of 1964 prohibits discrimination against transgender employees and job applicants.
    United StatesEmployment and HR
    Blank Rome LLP
    Blank Rome LLP
  • Article

    Employee Benefits Provisions Of The Bipartisan Budget Act Of 2015

    If you manage benefits for an employer that has more than 200 employees, breathe a modest sigh of relief.
    United StatesEmployment and HR
    Blank Rome LLP
    Blank Rome LLP
  • Article

    Georgia Voters Overwhelmingly Approve A Constitutional Amendment Presumptively Allowing Certain Restrictive Covenants in the State

    On November 3, 2010, voters in Georgia approved a constitutional amendment that vastly broadens the permissible scope of restrictive covenants in the state.
    United StatesEmployment and HR
    Blank Rome LLP
    Blank Rome LLP
  • Article

    Maryland Legislation Would Prohibit Employers From Requesting Facebook, Twitter Passwords

    Maryland recently became the first state to pass legislation prohibiting employers from requesting or requiring user names or passwords for the social media accounts of employees or job applicants.
    United StatesEmployment and HR
    Blank Rome LLP
    Blank Rome LLP
  • Article

    New Jersey "Ban the Box" Statute Signed Into Law

    On August 11, 2014, Governor Chris Christie signed into law the Opportunity to Compete Act, New Jersey’s version of "ban the box" legislation
    United StatesEmployment and HR
    Blank Rome LLP
    Blank Rome LLP
  • Article

    NLRB Rules That Federal Labor Law Bars Class Action Waivers In Arbitration Agreements

    In a decision that may have wide-ranging effects for all employers, the National Labor Relations Board ("NLRB") recently ruled that class action waivers in employee arbitration agreements violate federal labor law and are therefore unenforceable.
    United StatesEmployment and HR
    Blank Rome LLP
    Blank Rome LLP
  • Article

    OFCCP Proposes Rule Setting First-Ever Hiring Goal For Disabled Individuals

    The United States Department of Labor’s Office of Federal Contract Compliance Programs ("OFCCP") recently proposed a new rule that would, for the first time, require federal contractors and subcontractors ("contractors") to set a hiring goal of having seven percent of their workforces comprised of disabled workers.
    United StatesEmployment and HR
    Blank Rome LLP
    Blank Rome LLP
  • Article

    Recent OSHA and Congressional Initiatives Focus on Enhancing Workplace Safety

    Employers in all industries should be aware that the Occupational Safety and Health Administration ("OSHA") of the United States Department of Labor has recently undertaken several new initiatives, including a Severe Violators Enforcement Program (SVEP), and that Congress is considering an enhancement to OSHA's workplace safety requirements by the proposed Protecting America's Workers Act.
    United StatesEmployment and HR
    Blank Rome LLP
    Blank Rome LLP
  • Article

    Reminder: Annual New York Wage Theft Prevention Act Notices Due By February 1, 2013

    As previously reported, the New York Wage Theft Prevention Act ("WTPA") requires employers with employees in New York to provide an annual written Notice of Pay Rate to their New York employees between January 1 and February 1 of each year.
    United StatesEmployment and HR
    Blank Rome LLP
    Blank Rome LLP
  • Article

    Supreme Court Clarifies Definition Of "Supervisor" For Purposes Of Harassment Liability Under Title VII

    The U.S. Supreme Court has recently issued its decision in Vance v. Ball State University resolving a split between federal appellate courts regarding the definition of "supervisor" for purposes of holding employers vicariously liable for harassment under Title VII.
    United StatesEmployment and HR
    Blank Rome LLP
    Blank Rome LLP
  • Article

    Supreme Court Gay Marriage Decision May Have Employee Benefit Implications For Some Employers

    The Supreme Court's decision last week in Obergefell v. Hodges, which legalized gay marriage, is a follow-on to its decision in 2013 in United States v. Windsor.
    United StatesEmployment and HR
    Blank Rome
    Blank Rome
  • Article

    Third Circuit Joins D.C. Circuit In Ruling Recess Appointments Unconstitutional

    In a 2-1 decision in NLRB v. New Vista Nursing and Rehabilitation issued on May 16, the Third Circuit Court of Appeals invalidated President Obama’s recess appointment of former Member Craig Becker to the National Labor Relations Board.
    United StatesEmployment and HR
    Blank Rome LLP
    Blank Rome LLP
  • Article

    U.S. Supreme Court Effectively Eliminates Statute of Limitations for Disparate-Impact Cases

    The Supreme Court of the United States recently handed down a significant ruling clarifying the time within which plaintiffs may file disparate-impact claims under Title VII of the Civil Rights Act of 1964, as amended.
    United StatesEmployment and HR
    Blank Rome LLP
    Blank Rome LLP
  • Article

    SEC Issues New FAQs Related To Form ADV

    The SEC recently issued two new FAQs clarifying certain reporting requirements in Form ADV.
    United StatesFinance and Banking
    Blank Rome LLP
    Blank Rome LLP

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