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 […]
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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 […]
California Supreme Court Gives Preference to Employee-Friendly State Law Framework Rather Than Burden-Shifting Test Under Federal Law
On January 27, 2022, the California Supreme Court, the state’s highest court, penned a decision backing the use of state law when evaluating whistleblower retaliation claims brought under the state’s labor code as opposed to the burden-shifting test commonly used in federal discrimination cases. Under Section 1102.6 of the California Labor Code, plaintiffs must […]
COVID-19 Can Be A Disability, Per New EEOC Guidance
Since the term “Coronavirus” first entered the public lexicon, one of several questions to plague employees, employers, and employment attorneys alike has been: “Is COVID-19 a disability?” The U.S. Equal Employment Opportunity Commission (“EEOC”) recently issued guidance on this very question, providing a both expected and unsatisfying answer: “Maybe.” In so many words, the EEOC’s […]
What to Watch for in 2022: Will New York State Pass the Adult Survivors Act?
In January 2019, New York State passed the Child Victim’s Act (“CVA”), which provided survivors of child sexual abuse with a one-year window to file claims against their abusers and the institutions that enabled the abuse that otherwise were stale under the statute of limitations. At the close of the window in August 2021 (the […]
Coalition Group Seeks to Expand Unemployment Benefits for Undocumented Workers
In April 2020, in response to the COVID-19 pandemic, New York rolled out the Excluded Workers Fund, a program that made $2.1 billion available to undocumented workers who were ineligible to collect unemployment benefits due to their immigration status. The program immediately proved popular as New York State’s Department of Labor received more than 900,000 […]
Supreme Court to Consider Enforceability of Arbitration Agreements Mid-Litigation, While Senate Democrats Try Yet Again to Chip Away at Forced Arbitration in Employment Disputes
Last month, the U.S. Supreme Court agreed to review a decision that could cut into the enforceability of arbitration agreements in the employment context. The decision under review was issued by the Eighth Circuit Court of Appeals, which reversed a holding from an Iowa federal court refusing to enforce an arbitration agreement between Taco Bell […]
Supreme Court to Consider Enforceability of Arbitration Agreements Mid-Litigation, While Senate Democrats Try Yet Again to Chip Away at Forced Arbitration in Employment Disputes
Last month, the U.S. Supreme Court agreed to review a decision that could cut into the enforceability of arbitration agreements in the employment context. The decision under review was issued by the Eighth Circuit Court of Appeals, which reversed a holding from an Iowa federal court refusing to enforce an arbitration agreement between Taco Bell […]
Supreme Court to Consider Enforceability of Arbitration Agreements Mid-Litigation, While Senate Democrats Try Yet Again to Chip Away at Forced Arbitration in Employment Disputes
Last month, the U.S. Supreme Court agreed to review a decision that could cut into the enforceability of arbitration agreements in the employment context. The decision under review was issued by the Eighth Circuit Court of Appeals, which reversed a holding from an Iowa federal court refusing to enforce an arbitration agreement between Taco Bell […]
Supreme Court to Consider Enforceability of Arbitration Agreements Mid-Litigation, While Senate Democrats Try Yet Again to Chip Away at Forced Arbitration in Employment Disputes
Last month, the U.S. Supreme Court agreed to review a decision that could cut into the enforceability of arbitration agreements in the employment context. The decision under review was issued by the Eighth Circuit Court of Appeals, which reversed a holding from an Iowa federal court refusing to enforce an arbitration agreement between Taco Bell […]
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