The long fight for NCAA college athletes to be compensated for their work has heated up in recent years, marked by an unsuccessful Congressional effort to permit student-athletes to organize unions and major win at the Supreme Court allowing them to profit off of their name, image, and likeness. Wisconsin stand-out Johnny Davis—a projected lottery […]
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UPDATE: New York City Council Amends Salary Transparency Law, Which Now Awaits the Mayor’s Signature
As previously outlined here, in January 2022, the New York City Council enacted an amendment to the New York City Human Rights Law to require employers to list salary information in job postings. The law will require that employers post what they believe in good faith to be the minimum and maximum salary for any […]
Is it Time to Overrule the Lemon Test?
The Supreme Court has expressed concern over the Lemon test in determining whether the government has seemingly endorsed religion. Most recently, concern arose in Kennedy v. Bremerton School District where a football coach at a public high school was put on administrative leave for praying silently on the 50-yard line after every game. During oral […]
The Growing Labor Movement Highlights the Need for the Protecting the Right to Organize Act
On the heels of the major unionizing victories by Starbucks and Amazon employees, workers across the country are organizing and seeking to form unions so that they can collectively bargain for higher wages and improved working conditions. However, employers often oppose unionizing efforts, including by discouraging employees from voting to unionize and terminating employees in […]
New York State Enacts Legislation to Combat Workplace Discrimination, Harassment, and Retaliation
On March 16, 2022, Governor Kathy Hochul signed into law several pieces of legislation affording employees greater protections against workplace harassment, discrimination, and retaliation, while other pieces of legislation are still pending before the New York State Assembly and Governor Hochul. Legislation That Has Been Made Law: • Expanded Definition of Retaliation (S5870): Under the […]
Third Circuit Set to Examine the Scope of Anti-Retaliation Protections Afforded Under the FLSA
The Fair Labor Standard Act (“FLSA”) prohibits retaliation against an employee who complains about violations directly to his or her employer or to the U.S. Department of Labor. To make out a claim, a plaintiff must show (1) participation in a protected activity known to the employer, (2) an employment action disadvantaging the plaintiff (such […]
NYC Amazon Workers Vote to Unionize in Historic Election
Following an election held between March 25 through March 30, 2022, workers at Amazon’s Staten Island warehouse voted in favor of being represented by the Amazon Labor Union in a 2,654 — 2,131 vote. The Amazon Labor Union is the first certified union to represent Amazon workers in the country and could not only rally […]
DOMESTIC WORKERS ARE NOW A PROTECTED CLASS
Domestic workers are now protected under New York City’s Human Rights Law regardless of the number of persons employed by the employer. Domestic workers include any individual employed in a home or residence for the purpose of caring for a child, serving as a companion for a sick, convalescing, or elderly person, housekeeping, or any […]
Will Supreme Court Nominee Ketanji Brown Jackson Be A Friend or Foe to Employee Rights?
When President Joe Biden recently announced his nomination of Judge Kentaji Brown Jackson to the U.S. Supreme Court, he made history: Jackson, who currently serves on the D.C. Circuit Court of Appeals, would be the first Black, female Justice in the Supreme Court’s history. If confirmed, Jackson will replace the recently-retired Justice Stephen Breyer, whose […]
THE CROWN ACT
A recent study by Dove revealed that 80% of Black women are more likely to change their natural hair to meet expectations at work and are 150% more likely to have reported being sent home or know of a Black woman sent home from work because of her hair. Bill H.R. 2116, also known […]
New York City to Require Salary Transparency in Job Postings
On January 15, 2022, the New York City Council enacted an amendment to the New York City Human Rights Law—already one of, if not the, most expansive anti-discrimination statutes nationwide—which will require employers to list salary information in job postings. The new law is part of an effort to address pay inequity through transparency. […]
EMPLOYEES ARE ENTITLED TO EXPRESS BREAST MILK AT WORK
Laboratory Corporation of America Holdings, more commonly known as Labcorp, must implement changes across more than 2,000 locations to comply with the Fair Labor Standards Act’s (FLSA) lactation requirements. These changes were prompted by the Department of Labor’s Wage and Hour Division’s investigation and findings that Labcorp did not secure space for employees to express […]