Tuesday, July 7, 2026Labor & Employment Law
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Massachusetts - General
The Massachusetts Supreme Judicial Court (SJC) recently discussed class certification in state court wage and hour cases in Gammella v. P.F. Chang’s China Bistro.1 The SJC held that the same civil procedure rules applicable to other class actions also apply to wage claims. It also found that uncerta
California - General
On April 15, 2019, a California Court of Appeal affirmed summary judgment for the employer in an action alleging class-wide violations of the hyper-technical provisions of the federal Fair Credit Reporting Act (FCRA).1 Following just shortly after the Ninth Circuit’s pro-employee opinion in a simila
Labor Law - General
Over the past several weeks, there has been very significant activity with regard to rulemakings and court decisions concerning the U.S. Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB), and the Office of Federal Contract Compli
New York - General
The Westchester County Human Rights Commission, the agency responsible for conducting public outreach for the Westchester County Earned Sick Leave Law (the “Sick Leave Law” or the “Law”), published a copy of the Law, a Notice of Employee Rights (the “Notice”), and Frequently Asked Questions (“FAQs”)
New York - Human Rights Law
On April 9, 2019, the New York City Council passed a first-of-its-kind bill that prohibits pre-employment drug testing for the presence of marijuana or tetrahydrocannabinols. Mayor Bill de Blasio is expected to sign the bill into law, which would take effect one year after enactment.1 Significantly,
New York - Human Rights Law
As we have previously reported,1 New York State and New York City both enacted legislation in 2018 that require New York employers to train their employees in workplace sexual harassment prevention. The state training legislation went into effect on October 9, 2018, and the city training legislation
New York - General
On April 1, 2019, New York Governor Andrew Cuomo announced amendments to the state’s fiscal year 2020 budget, which includes, among other things, an amendment to its Election Law entitling employees in New York to three hours of paid time off to vote.
ADA - General
Dear Littler: I just learned that one of our employees has the measles. He works on a floor with 20 coworkers in an open office seating arrangement. Can I tell the other employees why he’s out so they can get tested or monitor their own health? Can I require them to receive the measles vaccine?
Massachusetts - General
On March 29, 2019, the Massachusetts Executive Office of Labor and Workforce Development (EOLWD) released an updated version of the proposed Massachusetts Paid Family and Medical Leave (PFML) regulations, offering further clarification to one of the most generous paid family and medical leave progra
New Mexico
On April 1, 2019, New Mexico Governor Lujan Grisham (D) signed Senate Bill (SB) 437, which amends the New Mexico Minimum Wage Act (MWA) by increasing the state minimum wage, increasing the minimum cash wage for tipped employees, and revising tip pool standards.
Title VII - EEO-1
In an April 3, 2019 filing in the federal district court that had ordered reinstatement of EEO-1 pay data reporting requirements, the Equal Employment Opportunity Commission (EEOC) explained its inability to comply with the court’s ruling on its present timeline, stating that it would be able to com
HR - General
In legislative terms, the month of March came in like a lion and went out (almost) like a lamb, as the pace of new bills introduced at the state level slowed considerably. Roughly 300 new labor and employment-related bills were introduced across the country in March, versus about 600 new bills in Fe
Benefits - General
Dear Littler: My company recently hired a new employee who is giving our human resources department some pushback on submitting his W-4. The HR manager says the employee mentioned something about not being subject to income tax? Is this possible? How should we direct HR to respond?
D.C. - General
A federal court struck down key portions of the new association health plan (AHP) regulations last week, just days before the fledgling rules for self-insured medical plans were slated to go into effect regarding newly-created AHPs.
FLSA - Federal Minimum Wage
It was a busy third month of 2019, so we will march right into discussing developments concerning the minimum wage, tips, and overtime.
HR - Hospitality Industry
As part of our practice, we like to keep an eye on significant legislative, regulatory, and judicial developments affecting our clients in the hospitality industry. Based on our monitoring of these legal trends, we are shining a light on five key issues that are, or should be, top of mind right now
Sex Discrimination - Equal Pay
On March 27, 2019, the U.S. House of Representatives passed H.R. 7, the Paycheck Fairness Act. The bill would amend the Equal Pay Act of 1963 (EPA) to expand potential damage awards for equal pay claims, limit an employer’s ability to raise the “any factor other than sex” affirmative defense in wage
HR - General
On April 1, 2019, the U.S. Department of Labor released a Notice of Proposed Rulemaking (NPRM) on joint employment under the Fair Labor Standards Act—the third proposed rule published by the agency in the last two weeks.
HR - Hiring Process
Implicit bias in the workplace can start as early as the application process. A key study conducted by National Bureau of Economic Research found that significantly fewer employers responded to resumes listing stereotypically “black-sounding” names than resumes including similar qualifications but l
HR - General
“What kind of fool are we?”1 Musing over Cole Porter’s immortal lyrics in today’s workplace may surely spur contact from a plaintiffs’ lawyer retorting with David Byrne’s “this ain’t no fooling around.”