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


10Apr

SEVENTH CIRCUIT HOLDS CIVIL RIGHTS ACT PROHIBITS SEXUAL ORIENTATION DISCRIMINATION IN THE WORKPLACE

Last week, in the case of Hively v. Ivy Tech, the Seventh Circuit Court of Appeals held that Title VII of the Civil Rights Act of 1964 protects employees from discrimination on the basis of sexual orientation. The plaintiff, Kimberly


04Apr

NJ Appeals Court Holds Unemployment Benefits Don’t Reduce Employment Discrimination Damages

Last month, the New Jersey State Appellate Division, in the case of Acevedo v. Flightsafety International, Inc., held that unemployment benefits received by a former employee cannot be used to reduce the amount of back pay the employee recovers in


28Dec

SIX MAJOR RETAILERS TO STOP ON-CALL SHIFT SCHEDULING

Last week, New York Attorney General Eric Schneiderman along with attorneys general from seven other states announced that six major retailers, namely, Disney, Aeropostale, Carter’s, PacSun, Zumiez and David’s Tea, will stop scheduling employees for on-call shifts.  This scheduling practice


22Nov

BED BATH & BEYOND HIT WITH OVERTIME CLASS ACTION SUIT IN NEW YORK

Last month, a class action lawsuit was filed in New York federal court against Bed Bath & Beyond by department managers and assistant managers who claim that the Company failed to pay them overtime compensation pursuant to the Fair Labor


21Oct

COURT RULES THAT PAID MEAL BREAKS CANNOT OFFSET UNPAID OVERTIME

Earlier this month in Smiley v. E.I. Dupont De Nemours & Co., the Court of Appeals for the Third Circuit ruled that employers cannot offset their obligation to pay overtime pay for hours worked in excess of 40 hours per


10Oct

NEW JERSEY SUPREME COURT UPHOLDS $1.4 MILLION EMOTIONAL DISTRESS AWARD IN DISCRIMINATION CASE

Last month, the New Jersey Supreme Court upheld a $1.4 million jury award in emotional distress damages in a discrimination/retaliation case brought by two brothers, Ramon and Jeffrey Cuevas.  The Cuevas brothers brought suit against their former employer, Wentworth Group,


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