News

The House of Representatives approved the Protecting Older Workers Against Discrimination Act (“POWADA”), by way of a 261-155 vote, lowering the bar for employees to allege age discrimination.  As it stands, employees must demonstrate that age was the decisive factor that led to an adverse employment decision, or in other words, that the employee would […]

This week, the United States Department of Labor (“DOL”) finalized a new rule that increases the salary threshold required for executive, administrative, or professional (“EAP”) workers to qualify as exempt from overtime under the Fair Labor Standards Act (“FLSA”).  The new DOL rule requires employers to pay overtime to EAP employees that earn less than […]

On April 12, 2019, a California federal jury awarded $6 million to Walmart workers at a Chino, California warehouse who worked as “Associates” as far back as June 8, 2013. During meal breaks, Walmart required Associates to go through a lengthy “asset protection” process that included an anti-theft metal detector checkpoint if they wished to […]

The United States House of Representatives passed the proposed Paycheck Fairness Act (the “Bill”) to rid employees of sex-based pay differentials and make wage practices more transparent.  The Bill adds several layers of procedural protections to the Equal Pay Act of 1963 (“EPA”) and requires employers to prove that any wage discrepancies are tied to […]

On March 07, 2019, the United States Department of Labor (“DOL”) proposed to increase the salary threshold required for executive, administrative and professional (“EAP”) workers to qualify as exempt from overtime under the Fair Labor Standards Act (“FLSA”).  Once finalized, the DOL rule will convert more than one million workers – earning between $23,660 and […]

In November, the Equal Employment Opportunity Commission (“EEOC”) released its 2018 Performance Accountability Report which made public a large amount of data regarding the type of claims of discrimination that workers have brought against their employers in the 2018 fiscal year. Some key 2018 performance highlights include: 141 lawsuits were resolved by the agency in […]

On October 30, 2018, Congressmen Jerrold Nadler (D-N.Y.) and Bobby Scott (D-VA) took a crucial step to combat employer’s use of arbitration agreements to restrict workers’ rights by introducing the Restore Justice for Workers Act (“Act”).  The proposed legislation strives to open “the courthouse doors for workers by prohibiting the use of forced arbitration clauses […]

On October 25, 2018, the Department of Justice (“DOJ”), arguing on behalf of the Equal Employment Opportunity Commission (“EEOC”), contradicted the EEOC’s prior position regarding the rights of transgender employees under Title VII of the Civil Rights Act of 1964.  In a brief submitted to the United States Supreme Court, the DOJ argued that federal […]

On Tuesday, October 9, 2018, New York workers will be assured additional resources to combat sexual harassment in the workplace.  Employers in the Empire State will be required to establish a sexual harassment prevention policy in accordance with new standards promulgated by the New York State Department of Labor (“NYSDOL”), and to provide workers with […]

On July 26, 2018, the California Supreme Court ruled that Starbucks cannot rely on the de minimis doctrine to combat its ex-employee’s claims for unpaid wages when closing the coffee shop at the end of the day.  The ruling is a significant win for hourly workers as it ensures that Golden State employers cannot duck […]

On June 4, 2018, the United States Supreme Court delivered its much-anticipated decision in Masterpiece Cakeshop Ltd., et al. v. Colorado Civil Rights Commission, et al.  In an extremely narrow ruling, the Supreme Court held that Masterpiece Cakeshop did not have to pay penalties for refusing to prepare a wedding cake for a same sex […]

On May 17, 2018, Justice Jeffrey Brown of the New York State Supreme Court for Nassau County shot down an argument that the plaintiffs, who were former employees of the defendants, could not pursue a class action to recover unpaid wages because it was supposedly “patently obvious” that the plaintiffs lacked proper immigration documentation. Specifically, […]