20Jul

New Jersey Supreme Court Rules Nurse can Pursue Claim Based on Perceived Disability

On July 11, 2017, the New Jersey Supreme Court held that a nurse who claims she was fired from her job at a hospital because the hospital perceived her as disabled can pursue her legal claim against the hospital. Plaintiff


22Jun

JPMorgan Chase Employee Files EEOC Charge Claiming Parental Leave Policy Discriminates Against New Fathers

On June 15, 2017, the ACLU filed a charge with the Equal Employment Opportunity Commission (“EEOC”) on behalf of Ohio JPMorgan Chase & Co. employee Derek Rotondo, who is the father of a newborn, alleging that the company’s parental leave


15Jun

Judge Denies Houlihan’s Restaurants’ Motion to Dismiss Tip-Pooling Suit

On June 12, 2017, U.S. District Judge Joseph Rodriguez denied a motion to dismiss the U.S. Department of Labor’s lawsuit against the operator of 17 New York and New Jersey Houlihan’s restaurants for allegedly taking portions of employees’ tips, failing


05Jun

NEW NYC FAIR WORK WEEK LEGISLATION GIVES PROTECTIONS TO FAST FOOD AND RETAIL WORKERS

On May 30, 2017 New York City Mayor Bill deBlasio signed into law five bills recently passed by the New York City Council intended to regulate scheduling and workplace management practices in the retail and fast food industries. The package,


24May

NEW NYC FREELANCER PROTECTIONS TAKE EFFECT

On May 15, New York City’s “Freelance Isn’t Free Act” took effect. The new law protects freelance workers who live in the city from late payment or non-payment by companies who use their services. Employers are increasingly utilizing freelancers and


16May

NON-COMPETE AGREEMENTS ARE INCREASINGLY POPULAR – IS YOURS ENFORCEABLE?

Non-competition agreements (also known as “non-competes”) are contracts, or clauses within contracts, that prevent an employee from working for a competitor after leaving their current employer. Employers sometimes require new employees to sign a non-compete as a condition of hiring,


10May

DEBLASIO SIGNS NYC PAY INQUIRY BAN INTO LAW

Last week, New York City Mayor Bill DeBlasio signed a new law banning employers in New York City from asking prospective employees about their salary history. The law amends the New York City Human Rights Law, making it an illegal


01May

SECOND CIRCUIT AFFIRMS: NYC “BLACK CAR” DRIVERS ARE INDEPENDENT CONTRACTORS, NOT EMPLOYEES

Earlier this month, in Saleem v. Corporate Transportation Group, Ltd., the U.S. Court of Appeals for the Second Circuit affirmed the District Court’s ruling that “black car” drivers in the tri-state area were properly classified as independent contractors, and thus


24Apr

INSTACART SETTLES INDEPENDENT CONTRACTOR MISCLASSIFCATION CLASS ACTION FOR $4.6 MILLION

,p>Last month, San Franciso-based on-demand grocery delivery startup Instacart agreed to settle for $4.6 million class action lawsuits filed by workers who shop and deliver groceries to customers. These Instacart “shoppers” filed suits against the company in 2015 and 2016,


17Apr

PHILADELPHIA PAY INQUIRY BAN CHALLENGED ON FIRST AMENDMENT GROUNDS

There is a growing trend in equal-pay legislation to ban employers from inquiring about prospective employees’ salary history. These laws are intended as a remedy to the disparity in pay that follows women throughout their careers, when employers base salaries


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