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  • Article

    2nd Circuit Says State Trooper Who "Did Not Fit In" Can Show Racial Bias

    In Abrams v. Dep’t of Public Safety, the Second Circuit revived a Connecticut state trooper’s claim that he was prohibited from joining an investigative unit because of his race, relying on a supervisor’s comment that he "did not fit in."
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Administrative Law Judge Rules In Favor Of Employees Discharged From New York Nonprofit Due To Facebook Posts

    In June we posted that the National Labor Relations Board ("NLRB") filed a complaint against Hispanics United of Buffalo ("HUB"), a non-profit company that provides social services to low-income clients.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Compliance With New Notice Requirements Under The Fair Credit Reporting Act

    Effective January 1, 2013, employers must use a revised form to comply with their notice requirements under the federal Fair Credit Reporting Act.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Court Enjoins Revised Federal Overtime Regulations

    A federal district court judge in the Eastern District of Texas issued a nationwide preliminary injunction on November 22, barring the implementation and enforcement of the Department of Labor's (DOL) expanded overtime exemption rule (Final Rule), which was scheduled to take effect December 1, 2016.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    DOL Issues Final Rule Revising Sex Discrimination Guidelines for Federal Contractors

    On June 15, the U.S. Department of Labor (DOL) issued a final rule revising the Office of Federal Contract Compliance Programs' (OFCCP) long-standing sex discrimination regulations.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    DOL's Final Rule Will Impact Employers That Use Fluctuating Workweek Or Tip Credit

    On April 5, 2011, the United States Department of Labor ("DOL") published a Final Rule amending the regulations to the Fair Labor Standards Act ("FLSA") and other related legislation. The Final Rule contains several important developments.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Federal Court Strikes Down New NLRB Election Rule

    Yesterday, the U.S. District Court for the District of Columbia invalidated the National Labor Relations Board's ("NLRB") election rule that went into effect on April 30, 2012.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    First Circuit Permits Mixed-Motive Analysis For Massachusetts Age Discrimination Claim

    The United States Court of Appeals for the First Circuit recently held that a plaintiff pursuing an age discrimination claim under the Massachusetts anti-discrimination statute, Chapter 151B, may proceed under a mixed-motive theory, even though the mixed-motive framework is not available under the federal Age Discrimination in Employment Act.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    First Court Of Appeals Decision Interpreting FLSA Breastfeeding Protections Provides Guidance On Employer Responsibilities

    The Patient Protection and Affordable Care Act (the "Act") amended the Fair Labor Standards Act ("FLSA") to include, among other things, protections for nursing mothers in the workplace.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    General Counsel Memorandum Highlights NLRB’s Top Priorities For 2014

    On February 25, 2014, National Labor Relations Board General Counsel Richard F. Griffin issued Memorandum GC 14-01, which provides useful insight into his enforcement priorities.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    In Massachusetts, Denial Of Lateral Transfer Can Support Discrimination Claim

    Massachusetts just identified a new way for employees to assert discrimination claims against their employers.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Major Changes To New Jersey's Wage And Hour Law Pose Greater Risks For Employers

    On August 6, New Jersey enacted sweeping amendments to its wage and hour laws to create more significant consequences for employers that fail to pay employees properly or retaliate against employees who complain ...
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Massachusetts Recognizes Associational Discrimination Under Chapter 151B

    The Supreme Judicial Court of Massachusetts recently addressed an issue of first impression regarding the state’s antidiscrimination statute.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    New Guidance Defining "Son Or Daughter" Under The Family And Medical Leave Act

    On January 14, 2013, the U.S. Department of Labor’s Wage and Hour Division ("WHD") issued guidance to clarify the definition of an adult "son or daughter" (18 years of age or older) under the Family and Medical Leave Act ("FMLA").
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    New Jersey Appellate Court Decision Sends A Message To Employers

    In a recent decision, Hester v. Parker, the Superior Court of New Jersey, Appellate Division reminded employers to take their employees’ complaints seriously.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    New Jersey District Court Finds Group Discount Made Supplemental Disability Policy An ERISA Plan

    Many employers permit insurance companies to make available to their employees voluntary insurance arrangements, such as supplemental disability or cancer policies.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    New Jersey Lawmakers Propose Bill To Protect Employees During States Of Emergency

    A recently introduced bill prohibits employers from taking any adverse action against an employee who is unable to report to work in a state of emergency.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    New Jersey Legislature Introduces "Ban The Box" Bill

    The New Jersey Legislature recently introduced a bill titled the Opportunity to Compete Act that would impose significant restrictions on criminal background checks in connection with the hiring process.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    NLRB Concludes That Undocumented Workers Are Ineligible To Receive Backpay

    On August 9, 2011, in Mezonos Maven Bakery, Inc., the National Labor Relations Board ("NLRB") concluded that it lacks authority to award backpay to undocumented immigrants whose rights under the National Labor Relations Act ("NLRA") were violated.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    NLRB Judge Allows Employers To Continue Restricting Employee Use Of Company Email

    On October 24, 2013 National Labor Relations Board ("NLRB") Judge Paul Bogas issued a decision regarding employer policies that restrict employees’ email usage.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
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