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On May 17, 2005 Senior Judge Neal P. McCurn of the federal District Court for the Northern District of New York ruled that a September 2002 amendment to Section 211-a of New York’s Labor Law was preempted by Section 7...
Apr 05, 2005
Employment Discrimination
Supreme Court Rules That Disparate Impact Claims May Be Brought Under the Age Discrimination in Employment Act
On March 31, 2005, the U.S. Supreme Court ruled that an individual protected by the Age Discrimination in Employment Act (“ADEA”) (i.e., an employee, former employee, or job applicant who is age forty or older)...
Mar 11, 2005
General Employment Issues
United States Department of Labor Releases New Mandatory Poster Concerning Reinstatement of Military Service Members
On March 10, 2005, the Veterans Employment and Training Service (VETS), a division of the United States Department of Labor, released a new poster that must be displayed conspicuously in the workplace by every U.S. employer...
Feb 22, 2005
General Employment Issues
FTC Issues Revised Summary of Rights Under the Fair Credit Reporting Act and New Rule on Disposal of Consumer Information
The Fair Credit Reporting Act (“FCRA”), among other things, requires employers to obtain written authorization and disclose certain information whenever the employer uses an outside agency to conduct background...
Feb 08, 2005
Employment Discrimination
Ninth Circuit Holds that Casino’s Rule Requiring Female Bartender to Wear Full Makeup Is Not Sex Discrimination
The U.S. Court of Appeals for the Ninth Circuit recently decided that a good-grooming rule issued by Harrah’s Casino to its employees, which requires female bartenders to wear makeup, does not violate Title VII’s...
Jan 02, 2005
Wage & Hour Issues
California Court Permits Class Action against Employer that Considers Workers’ Compensation Expenses and Cash and Inventory Shortages in Calculating Bonuses
Like many employers, Ralphs Grocery Company considers the profitability of the business as a factor in calculating employee bonuses. In a recent decision, a California appellate court allowed a former employee to proceed...
Dec 22, 2004
General Employment Issues
California’s Division of Labor Standards and Enforcement Proposes Regulations Regarding Meal Periods In the Workplace
On December 10, 2004, the Division of Labor Standards Enforcement (“DLSE”) proposed emergency legislation to clarify existing law regarding meal and rest periods in California. This legislation is very...
Dec 14, 2004
General Employment Issues
Veterans Benefits Improvement Act of 2004 Calls For New Posting Requirement, Option for Extended Insurance Benefits
On December 10, 2004, President Bush signed into law S. 2486, the Veterans Benefits Improvement Act of 2004 (the ” Act”), which amends portions of the Uniform Services Employment and Reemployment Rights Act...
Nov 08, 2004
Employment Discrimination
Second Circuit Eases Burden For Proving Hostile Work Environment Claim
Employers frequently have been able to mount a successful defense to hostile work environment sexual harassment claims by demonstrating that both male and female workers were exposed to the same conduct underlying the claim....
Nov 05, 2004
Immigration Law
New Legislation Permits Employers to Prepare and Retain I-9 Forms Electronically
On October 30, 2004, President Bush signed into law legislation permitting employers to complete and store Employment Eligibility Verification Forms (“I-9 Forms”) in an electronic format. The new law, which amends...