On September 30, 2024, Maryland will implement a new extreme heat standard, which affords employees more workplace protections when the heat index exceeds 80, 90, and 100 degrees. When temperatures exceed 80 degrees Fahrenheit, Maryland workers must be provided with at least 32 oz of water in an accessible area and shaded breaks. When temperatures […]
In a significant development, the Second Circuit Court of Appeals has expanded the interpretation of the Family and Medical Leave Act (FMLA), ruling that employers can violate the law simply by discouraging employees from exercising their rights, even if the employee’s request for leave is ultimately granted. This ruling, outlined in the case Kemp v. […]
On August 13, 2024, Customs and Border Protection (CBP), the largest federal law enforcement agency within the United States Department of Homeland Security, agreed to pay $45 million to a class of over 1,000 CBP Officers and Agricultural Specialists to settle their claims alleging sex and pregnancy discrimination in violation of the Pregnancy Discrimination Act. […]
On August 8, 2024, acting Governor of New Jersey, Tahesha Way, signed a bill into law which goes into effect immediately, providing additional protections to New Jersey’s immigrant workers who expose or threaten to expose violations in the workplace. Specifically, employers who threaten to report or report a worker’s immigration status to a public […]
Employers who are made aware of sexual harassment in the workplace are required to take meaningful remedial action to address the situation. But what happens when an employer does take some response and the victim argues the employer’s response was not sufficient? As the case of Payne v. JetBlue Airways Corp., 2024 WL 3360381 (E.D.N.Y. […]
On July 29, 2024, laborers sued a carpet cleaning and mold remediation company in Georgia called Genesis Restoration Services, Inc. (“Genesis”) for paying flat, daily rates that did not provide proper compensation for overtime. According to the lawsuit, the named plaintiff was called a “manager” by Genesis but performed substantially the same job […]
On June 21, 2024, a federal magistrate judge in the Eastern District of New York recommended granting class certification to tax preparers alleging overtime violations and unlawful deductions, among other things. Specifically, the tax preparers sued two companies doing business as R & G Brenner Income Tax Centers (collectively, “R & G Brenner”), which operated […]
On June 19, 2024, an amendment to New York Labor Law § 206-c (A08806C) will take effect, entitling nursing mothers to “30 minutes of paid break time each time they reasonably need to express breast milk.” Specifically, the amendment to § 206-c states: An employer shall provide paid break time […]
On April 20, 2024, Governor Hochul approved New York’s final budget for fiscal 2025, amending New York Labor Law § 196-b (the New York Paid Sick Leave Law) to require employers to provide up to 20 hours of “paid prenatal personal leave” (“PPPL”) in a 52-week period, beginning January 1, 2025. This is the first […]
On April 23, 2024, the U.S. Department of Labor (“DOL”) released a final rule, raising the salary threshold for certain overtime exemptions under the Fair Labor Standards Act (“FLSA”), the federal law establishing minimum wage and overtime pay, among other things. Under the FLSA, employees who work more than 40 hours in a week must […]
On Friday, March 29, 2024, a federal court in Michigan denied Fiat Chrysler’s motion to dismiss a lawsuit alleging that the company failed to properly calculate workers’ overtime pay. Specifically, assembly workers, welder repair workers, and stock workers, among others, allege that Fiat Chrysler paid them a base hourly rate, such as about $15 […]
In Bart v. Golub Corporation, No. 23-238, 2024 WL 1281069 (2d Cir. March 26, 2024), the Second Circuit Court of Appeals provided additional clarity to analyzing claims of discrimination under Title VII of the Civil Rights Act of 1964. Specifically, the Court addressed whether an employee needs to show an employer’s legitimate, non-discriminatory reason for […]