by Tammy Binford
President Donald Trump’s latest order targeting diversity, equity, and inclusion (DEI) practices by employers brings up issues about how employers with federal contracts can ensure compliance.
by Tammy Binford
President Donald Trump’s latest order targeting diversity, equity, and inclusion (DEI) practices by employers brings up issues about how employers with federal contracts can ensure compliance.
On January 20, 2020, Governor Phil Murphy signed into law a series of legislative packages aimed at combating worker misclassification and exploitation. The bills will bolster an already aggressive state department of...
As predicted, the flood of website accessibility lawsuits is continuing in the first months of 2020 after the U.S. Supreme Court declined late last year to weigh in on whether the Americans with Disabilities Act (ADA)...
Since the 2008 expansion of the Americans with Disabilities Act (ADA), increasing numbers of ADA claims have been filed by employees with mental impairments—and such claims are meeting with increasing success. The trend...
On February 27, 2020, the U.S. 9th Circuit Court of Appeals issued its second decision in the ongoing saga of Rizo v. Yovino. The question presented in the case is whether pay history alone or coupled with other factors...
The Fair Labor Standards Act (FLSA), the law that establishes federal minimum wage and overtime obligations, requires covered employers to pay most employees overtime compensation of at least 1.5 times their regular rate...
Employers that face collective actions under the Fair Labor Standards Act (FLSA) often feel pinched. Pursuing a strong defense on the merits (or even attempting to reach an early settlement) may take a backseat to the...
Union membership in the United States dropped to a record low in 2019, according to a recent report from the U.S. Department of Labor (DOL). Nevertheless, labor unions are still aggressively looking for new ways to...
The Fair Labor Standards Act (FLSA) provides some narrow exemptions that keep employers from paying overtime to certain employees who work more than 40 hours per week, including work in a bona fide "executive...
In October 2019, the New York City Human Rights Law (NYCHRL) was amended to extend its protections to independent contractors and freelancers. Under the amendments, the NYCHRL applies to employers of four or more...
The U.S. Supreme Court recently reinstated the convictions of three unauthorized workers for identity theft in the workplace. This case reminds of us the importance of solid hiring procedures and training, as well as the...
What seemed to be an ordinary business transaction cost a Toyota subsidiary $37 million last year. But that “business transaction” turned out to be a scam. Unfortunately, companies all over the world have been victimized...
Public policy generally favors the arbitration of disputes, and the right to arbitrate is protected by the Federal Arbitration Act (FAA). New York and federal courts rarely vacate (overturn) or modify arbitration awards...
Many employers that have been negatively affected by Texas county "shelter-in-place" orders are having to make difficult business decisions and lay off employees who are unable to work. In those situations, you should...
Most employers know that the Americans with Disabilities Act (ADA) and the New York State Human Rights Law (NYSHRL) require them to provide reasonable accommodations that enable disabled employees to perform the...
Q We have an employee who recently told several coworkers he “hates” his team members and could “blow up the building" but would give “advance notice” to people he likes. We have contacted law enforcement and placed him...