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General Employment Issues

General Employment Issues

March 12, 2020
A Message to NYC Employers: Update Your Hiring Practices

Arbitration

August 29, 2008
California Supreme Court Expands Judicial Review in Arbitration Cases
July 7, 2008
California Court Voids Employee’s Arbitration Agreement
April 28, 2004
California Court of Appeal Decision Demonstrates How Not to Draft an Arbitration Agreement
October 14, 2003
Ninth Circuit Formally Disavows Duffield Decision, Joins Rest of Country in Permitting Pre-Dispute Arbitration of Title VII Claims
May 15, 2003
Ninth Circuit Court of Appeals Remains Resistant to Arbitrating Employment Disputes
June 27, 2002
Proposed California Legislation Would Restrict Arbitration of Employment-Related Disputes
January 16, 2002
Supreme Court Permits EEOC to Sue Even When Employee Agreed to Arbitrate
December 31, 2001
Staying Out of Court: Mandatory Arbitration of Employment Claims
April 17, 2001
Proposed Federal Legislation Would Prohibit Arbitration Clauses Covering Statutory Employment Claims
March 22, 2001
Supreme Court Determines That The Federal Arbitration Act Applies To Employment Disputes
August 29, 2000
California Supreme Court Provides Guidance on Mandatory Employment Arbitration Agreements
July 26, 2000
Second Circuit Refuses to Compel Employee to Arbitrate Statutory Claim
May 18, 2000
Negotiating Gilmer Agreements in the Union Sector
December 28, 1999
California Appellate Court Refuses To Enforce Employer's Arbitration Policy
April 1, 1994
Mandatory Arbitration of Employment Discrimination Disputes Gaining Approval
April 1, 1992
Clause Requiring Arbitration of Title VII Claim Upheld by Ninth Circuit

Contract Renewal

July 1, 1995
Employer Alert: Implied Renewal of Expired Employment Agreement

Corporate Reorganizations and Restructurings

December 31, 2001
Navigating the Treacherous Waters of Corporate Reorganization
December 31, 2001
Familiar Topics in Unfamiliar Times: Legal Issues Faced By Employers in the Wake of the Terrorist Attacks

Employee Benefits

April 2, 2020
President Signs “Families First Coronavirus Response Act” Providing Sick and Family Leave for Some Employees
September 13, 2019
Employers Must Report Expanded EEO-1 Data for Prior Years by September 30, 2019
August 8, 2013
Three Significant U.S. Supreme Court Decisions for Employers
August 8, 2013
Employers Must Still Provide Notice of Affordable Care Act Exchanges by October 1, 2013
January 15, 2010
New Law Extends COBRA Subsidy Benefits and Includes Important Notification Requirements
November 13, 2008
Significant IRC 409A Deadline is Fast Approaching
December 14, 2004
Veterans Benefits Improvement Act of 2004 Calls For New Posting Requirement, Option for Extended Insurance Benefits
June 18, 2004
Department of Labor Issues New COBRA Regulations
June 18, 2004
Equal Benefits Bill Would Require City Contractors to Provide Domestic Partner Benefit Coverage
August 26, 2002
Publicly-Held Companies Are Prohibited From Making Loans To Corporate Officers And Directors, According To The Sarbanes-Oxley Act Of 2002
November 29, 2001
California Expands Rights of Domestic Partners
August 25, 2000
Ninth Circuit Rules ERISA Plans Obligated to Notify Participants, When Asked, of Potential Amendments Under "Serious Consideration"

Family and Medical Leave Act

June 3, 2015
Employers Should Review and Update Their FMLA Forms in Light of New Model Forms Published by the U.S. Department of Labor
March 8, 2013
Employers Must Update Their FMLA Posters and Take Other Steps to Comply With New FMLA Regulations
November 4, 2009
FMLA Amended Again to Expand Military Family Leave Rights
December 17, 2008
Department of Labor Releases New Family and Medical Leave Act Guidelines
February 6, 2008
FMLA Amendments Expand Availability of Leave to Care for Service Members
July 16, 2007
Federal Appeals Court Bars Waiver of FMLA Rights
August 21, 2006
Successor Liability Under The Family And Medical Leave Act
September 27, 2002
California Adopts Nation's First Paid Family Leave Law
March 19, 2002
Supreme Court Confirms That Employees Are Not Entitled To More Than 12 Weeks of Leave Under The FMLA
December 31, 2001
Learning from the Mistakes of Others: Advice for Employers Gleaned from Federal Appellate Court Decisions in 2001
November 15, 2001
Second Circuit Refuses to Enforce Department of Labor Regulation Which Effectively Broadens Class Of Employees Eligible for FMLA Leave
October 15, 2001
Ninth Circuit Establishes Employer’s Notice Obligations Under the FMLA
September 14, 2001
Employer's Failure to Designate Short-Term Disability Leave as FMLA Leave Does Not Entitle Employee to Additional Time Off
May 1, 2001
Exempt Employee Paid At An Hourly Rate While Working A Reduced Schedule For FMLA-Qualifying Reasons Not Eligible For Overtime Pay
September 6, 2000
Federal Appeals Court Strikes Down Family Medical Leave Regulation
March 15, 2000
California Establishes "Kin Care" Leave
February 1, 1993
The Family and Medical Leave Act

Independent Contractors

December 26, 2000
New California Law Requires Employers to Report Independent Contractors

Negligent Hiring

September 1, 1994
New York Court Limits Negligent Hiring Claims

Occupational Safety and Health

December 2, 2016
Federal Court Rejects Challenge to OSHA Rule Prohibiting Incentive Based Workplace Safety Programs and Mandatory Post-Accident Drug Testing
April 17, 2001
Bush Administration Revokes Occupational Safety and Health Administration.s Ergonomic Rules
March 15, 2001
Revisions to Occupational Safety and Health Administration Injury/Illness Recordkeeping System
November 22, 2000
OSHA Issues Final Ergonomics Rule

Privacy

Proprietary Information

June 5, 2001
New Jersey Supreme Court Decision Restricts Employees' Use of Employer's Customer List To Set Up Competing Business

Restrictive Covenants

August 11, 2008
New York Governor Signs “Broadcast Employees Freedom to Work Act”
August 11, 2008
California Supreme Court Voids Non-Compete Clause and Waiver of Indemnity Rights
January 10, 2003
New York Employers Cannot Rely on "Inevitable Disclosure" Doctrine To Protect Confidential Information
November 15, 2002
Voluntary Quit or Involuntary Discharge? Second Circuit Rules That Jury Must Decide, and Validity of Non-Compete Hangs in the Balance
January 8, 2001
California Public Policy Prohibits Termination Based on an Employee.s Refusal to Sign a Non-Compete Agreement
April 21, 2000
Stock Option Forfeiture Based On Work For A Competitor Sustained By Ninth Circuit
January 12, 2000
Termination for Refusal to Sign Non-Compete Leads to Million Dollar Verdict

Separation Agreements

August 4, 2003
Federal Court Orders Trial on Validity of Depressed Employee's Release of Claims

Settlement

State and Local Laws

March 21, 2020
Governor Andrew Cuomo Signs New York Paid Sick Leave Bill For Employees Quarantined By Government Order as a Result of COVID-19
March 20, 2020
Governor Andrew Cuomo Announces Agreement to Provide Paid Leave For Employees Quarantined By Government Order as a Result of COVID-19
March 4, 2020
The California Consumer Privacy Act Requires Employers to Take Reasonable Measures to Safeguard Employee Personal Information and Provide Privacy Notices to Employees
February 14, 2020
Recent Amendments to the New Jersey WARN Act Expands Employers’ Notice and Severance Pay Obligations
February 4, 2020
New York State Expands Employment Protections for Victims of Domestic Violence
November 15, 2019
Connecticut Employers Must Comply With Expanded Training and Notice Requirements Regarding the Prevention of Sexual Harassment
November 15, 2019
New York Enacts New Laws Expanding Protections Against Wage Discrimination
October 16, 2019
New York State Legislature Expands Protections Against Workplace Harassment and Discrimination Under New York Law
October 7, 2019
New California Law Redefines Test for Classifying Individuals as Independent Contractors
September 24, 2019
California Extends Employers’ Deadline to Institute Expanded Sexual Harassment Training
July 3, 2019
As of May 10, 2020, New York City Will Prohibit Testing Job Applicants for Marijuana
May 3, 2019
New York’s 2019-2020 State Budget Provides Employees with Three Hours of Paid Time Off to Vote
March 29, 2019
New York City Issues Model Lactation Room Policies and FAQs to Help Employers Comply with New Requirements
March 5, 2019
New Jersey Expands Paid Family Medical Leave
October 22, 2018
New Jersey Department of Labor and Workforce Development Publishes Earned Sick Leave Notice
July 31, 2018
New York City Office of Labor Policy and Standards Issues Notice of Rights and Frequently Asked Questions Regarding New Temporary Schedule Change Law
May 11, 2018
New Jersey Passes Statewide Earned Sick Leave Act
January 31, 2018
New NYC Law Allows Employees Two Schedule Changes Per Year
December 26, 2017
New York Workers’ Compensation Board Releases Model Policy Language and Statement of Rights Regarding the New York Paid Family Leave Law
July 7, 2017
New York Employers Should Prepare for the New York Paid Family Leave Law
January 30, 2017
Los Angeles Adopts “Ban the Box” Ordinance Prohibiting Pre-Offer Inquiries about Applicants’ Criminal Histories
January 23, 2017
City of Los Angeles Enacts Paid Sick Leave Law Providing Twice the Annual Sick Leave Required by California’s State Law
January 23, 2017
New York City Freelancer’s Law Set to Go Into Effect May 15, 2017
September 8, 2016
New York City’s “Labor Peace” Executive Order Now Requires Employer Neutrality During Union Organizing at City-Financed Developments
June 27, 2016
Connecticut Governor Signs “Ban-the-Box” Law Prohibiting Questions About Criminal History on Initial Employment Applications
October 27, 2015
New York City Commission on Human Rights Publishes a Form for the Article 23-A Analysis Required Under the Fair Chance Act
September 24, 2015
New York City Commission on Human Rights Issues Important Guidance Regarding New Credit Check Restrictions
July 13, 2015
Mayor de Blasio Signs “Ban the Box” Law Prohibiting Pre-Offer Inquiries By New York City Employers Regarding Applicants’ Criminal Histories
May 13, 2015
Mayor de Blasio Signs a New Law Restricting the Credit Checks That May Be Performed by New York City Employers
May 13, 2015
Philadelphia Employers Must Now Comply With the Philadelphia Paid Sick Leave Law
December 18, 2014
California DLSE Releases Important Guidance Regarding Paid Sick Leave, Including Employers’ January 1, 2015 Posting and Notice Obligations
September 17, 2014
California Joins Growing List of Jurisdictions Requiring Paid Sick Leave
September 17, 2014
New California Law Requires Additional Training For Supervisors to Prevent “Abusive Conduct” in the Workplace
August 28, 2014
New Jersey and Washington, D.C. Enact “Ban the Box” Laws Prohibiting Application Questions About Criminal History
August 28, 2014
New Jersey Modifies Required Workplace Notice
March 25, 2014
New York City Department of Consumer Affairs Issues Mandatory Poster Notifying Employees of Rights Under the NYC Earned Sick Time Act
March 6, 2014
New York City Council Amends and Expands Earned Sick Time Act
January 28, 2014
Roundup of Recent New Notice Requirements for New Jersey Employers
January 15, 2014
New Jersey Department of Labor Issues New Wage Posters
October 23, 2013
Child Models Now Covered under New York’s Child Performer Laws and Regulations
August 8, 2013
Connecticut Employers Must Comply With Additional Requirements Under Connecticut’s Personnel File Access Law
July 3, 2013
Colorado Limits the Use of Credit Reports for Employment Purposes
May 9, 2013
NYC Council Approves Paid Sick Time Bill With Veto-Proof Margin
November 14, 2012
UPDATED: New Notice Obligations for New Jersey Employers
August 13, 2012
Proposed Amendment to New York Wage Deduction Law Expected to Be Signed Into Law
January 6, 2012
California Division of Labor Standards Enforcement Releases a Template Notice and Guidance Regarding the California Wage Theft Prevention Act’s Notice Requirements
December 15, 2011
Overview of New California Employment Laws
December 15, 2011
Spotlight on Employer Action Required Under the California Wage Theft Prevention Act and New Restrictions on Employers’ Use of Consumer Credit Reports in California
December 9, 2011
Connecticut’s Paid Sick Leave Law Takes Effect January 1, 2012
December 7, 2011
New Jersey Employers Must Post and Furnish New Notice to Employees
February 8, 2010
New York State Department of Labor Publishes Guidance and Additional Model Forms Regarding Notice of Pay Requirements
November 5, 2009
NY Department of Labor Issues Form for Pay Notice
September 10, 2009
Recent Amendments to the New York Labor Law
October 6, 2008
New York Expands Employer Obligations Regarding Criminal Background Checks
August 28, 2008
New York Enacts State WARN Act: Covers More Employers and Contains Longer Notice Periods than the Federal WARN Act
January 22, 2008
2008 California Employment Law Round-up
January 17, 2008
Effective January 1, 2008, California Employers Are Required To Provide Notice Of The Income Tax Credit Notification
October 18, 2007
California Statute Gives Qualified Military Spouses 10 Days of Unpaid Leave – Effective Immediately
December 4, 2006
New Trend in Employee Benefits?: San Francisco Mandates That Employers Provide Paid Sick Leave to Employees
November 1, 2006
In Many States Employers Must Give Their Employees Time Off to Vote in the Upcoming Election
November 29, 2005
A Look Ahead: New California Employment Laws for 2006
January 2, 2005
California Court Permits Class Action against Employer that Considers Workers' Compensation Expenses and Cash and Inventory Shortages in Calculating Bonuses
December 22, 2004
California's Division of Labor Standards and Enforcement Proposes Regulations Regarding Meal Periods In the Workplace
June 18, 2004
Equal Benefits Bill Would Require City Contractors to Provide Domestic Partner Benefit Coverage
March 23, 2004
New California Employment Laws for 2004
October 20, 2003
New California Legislation Increases Penalties for Labor Code Violations and Steps Up Enforcement with Private Lawsuits
September 27, 2002
California Adopts Nation's First Paid Family Leave Law
May 5, 2002
California Employers Face New Restrictions on the Use of Social Security Numbers

Tax Issues

February 8, 2010
IRS to Increase Focus on Employment Taxes

U.S. Supreme Court - Key Employment Law Decisions

June 1, 2007
Supreme Court Stands Firm on 180-Day Statute of Limitations for Title VII Claims
December 31, 2001
Supreme Court 2000-2001 Year In Review

Veterans

March 11, 2005
United States Department of Labor Releases New Mandatory Poster Concerning Reinstatement of Military Service Members

Whistleblower

July 1, 1995
New York Appellate Courts Rule on "Whistleblower" Law

Wrongful Demotion

January 1, 1996
California Supreme Court Recognizes New Cause of Action for Wrongful Demotion

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