Recent Publications - Employment & Labor


Suffolk Prohibits Employers from Asking Applicants about Prior Compensation
December 6, 2018 | Employment & Labor
Suffolk County will now join New York City, Albany County and Westchester County, in prohibiting employers from inquiring into the salary and benefits history of job applicants. The intent of the new law is to reduce pay inequality for women and minorities. Effective June 30, 2019, an employer, employment agency, employee or agent in Suffolk …
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New Jersey Paid Sick Leave Act Takes Effect
October 30, 2018 | Employment & Labor
As a reminder, effective October 29, 2018, New Jersey employers – regardless of size – must provide up to 40 hours of paid sick leave in any consecutive 12-month period designated by the employer as the “Benefit Year” pursuant to the New Jersey Paid Sick Leave Act (the “Act”). The Act applies to almost all …
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Employee Relations Law Journal – From the Courts
September 7, 2018 | Insurance Coverage | Employment & Labor
Sixth Circuit Affirms Dismissal for Failure to Exhaust Plan’s Administrative Remedies Courts interpreting the Employee Retirement Income Security Act of 1974 (ERISA) have long held that a claimant seeking benefits under an employee benefit plan must exhaust the plan’s administrative remedies before he or she can file suit. A recent decision by the U.S. Court …
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Employee Benefit Plan Review – From the Courts
September 7, 2018 | Insurance Coverage | Employment & Labor
ERISA Does Not Permit Plaintiffs to Rely on Same Allegations to Seek Both Equitable Relief and Benefits The Employee Retirement Income Security Act of 1974 (ERISA) permits a plaintiff to seek equitable relief and to seek benefits. But can a plaintiff assert separate claims for equitable relief and benefits based on the same allegations? A …
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NYS Releases Model Anti-Sexual Harassment Policy and Training
August 28, 2018 | Employment & Labor
On Friday, August 24, 2018, the New York State Division of Human Rights and the New York Department of Labor issued their proposed model anti-sexual harassment policy and model anti-sexual harassment training program. Every New York State employer must promptly adopt and distribute an anti-sexual harassment policy to all employees. Every New York State Employer must also …
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NYC to Require Employers to Grant Temporary Schedule Changes for Personal Events
July 12, 2018 | Employment & Labor
Effective July 18, 2018, New York City employers will be required to allow employees who have been employed for at least 120 days and who work at least 80 hours in New York City in a calendar year to make two (2) temporary schedule changes per year for certain personal events. Introduction No. 1399-2016 (commonly …
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Employee Relations Law Journal – From the Courts
June 19, 2018 | Insurance Coverage | Employment & Labor
Fifth Circuit Affirms Decision Denying Attorney’s Fees to Insurer in ERISA Action A party in a case under the Employee Retirement Income Security Act of 1974 (ERISA) may be eligible to recover its attorney’s fees under 29 U.S.C. § 1132(g)(1) if it achieved “some degree of success on the merits.” District courts have broad discretion …
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Employee Benefit Plan Review – From the Courts
June 19, 2018 | Insurance Coverage | Employment & Labor
Determining the appropriate standard of judicial review is the threshold issue a court decides when reviewing an adverse benefit determination under the Employee Retirement Income Security Act of 1974 (ERISA). If the court applies the arbitrary and capricious standard of review, it gives deference to the administrator’s determination. By contrast, if it reviews the determination …
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New Sexual Harassment Legislation Applies to Almost All NY Employers
June 12, 2018 | Employment & Labor
Recently, New York State and New York City passed new legislation designed to stop sexual harassment in the workplace. Governor Andrew Cuomo signed the New York State legislation into law on April 12 and New York City Mayor Bill de Blasio signed the New York City legislation into law on May 9. These new laws, …
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Supreme Court Approves Employers’ Use of Class Action Waivers
May 22, 2018 | Employment & Labor
On May 21, 2018, the United States Supreme Court, in the case of Epic Sys. Corp. v Lewis, held in a 5-4 decision that employers can require – as a condition of employment – that employees waive their rights to participate in class action lawsuits.  Resolving a split among the various circuit courts, employers can …
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