Recent Publications - Employment & Labor


2nd Circuit Finds Hostile Work Environment Claims Can Be Brought under the ADA
March 11, 2019 | Employment & Labor
On March 6, 2019, the U.S. Court of Appeals for the Second Circuit joined its sister Circuits and held for the first time that hostile work environment claims are cognizable under the Americans with Disabilities Act (ADA), opening the door for employees in New York, Connecticut and Vermont to make such claims. In the case …
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Employee Benefit Plan Review – From The Courts
February 19, 2019 | Insurance Coverage | Employment & Labor
11th Circuit Holds ERISA Plan’s Anti-Assignment Provision Bars Third-Party Doctor’s Claim for Reimbursement for Services  The Employee Retirement Income Security Act of 1974 (ERISA) provides that plan participants and plan beneficiaries may bring a private civil action to recover benefits due under the terms of a plan, to enforce rights under a plan, or to …
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Trump Administration Implements Major Changes to H-1B Lottery System
January 30, 2019 | Immigration | Employment & Labor
On January 31, the Department of Homeland Security (DHS) will publish a final rule changing the H-1B lottery system. The final rule implements the proposed two changes discussed earlier here. According to the DHS announcement, “The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular …
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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 | Employment & Labor | Insurance Coverage
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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