Throughout the COVID-19 pandemic, the EEOC has periodically released updates to its Technical Assistance Questions and Answers, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.,” These questions and answers have provided employers with much needed guidance on the EEOC’s position on how employers can ensure the safety of their employees while at the same time not running afoul of the ADA.
Continue Reading EEOC Releases New Guidance to Employers on Returning Employees to Work and ADA Compliance

Thanks to a recent bill signed by Governor Andrew Cuomo on February 6, 2020, striking employees in the State of New York must now only wait fourteen days until they are eligible to receive unemployment benefits. Senate Bill 7310 amends New York Labor Law § 592, reducing the waiting period for unemployment benefit eligibility for striking employees from seven weeks to two weeks.
Continue Reading Recently Passed New York State Law Reduces Waiting Period for Strikers to Receive Unemployment Benefits

In an effort to prevent the spread of Covid-19, many employers are permitting, and in some cases requiring, employees to work from home. One unforeseen consequence of requiring employees to work from home is some jurisdictions mandate that employers reimburse their employees for certain expenses incurred as a result of their employment. Accordingly, employers may be required to reimburse employees for reasonable expenses they incur for equipment and services necessary to work from home, such as cell phone, internet, and computer usage expenses.
Continue Reading Employers Must Consider Expense Reimbursement for Employees Working at Home Because of COVID-19

In the last days of 2019, New Jersey Governor Phil Murphy signed a law that bans employers from discriminating against employees based on hairstyles that are associated with race. In doing so, New Jersey joined New York and California—both of which enacted similar legislation earlier in 2019—in prohibiting hair discrimination in the workplace.
Continue Reading New Jersey Joins New York and California’s Bans on Hair Discrimination

A recent decision by the National Labor Relations Board is another in a string of decisions where the Trump-appointed Board has attempted to rebalance a property owner’s rights with the rights under Section 7 of the National Labor Relations Act of those individuals who work on the property. In Bexar County Performing Arts Center Foundation d/b/a Tobin Center for the Performing Arts, 368 NLRB No. 46 (2019), the Board overruled its previous precedent and held that a property owner may prohibit Section 7 activity by off-duty employees of a licensee or contractor performing work on the property owner’s premises.

Continue Reading Labor Board Continues Trend of Protecting Property Rights

Earlier this year, Dallas passed an ordinance requiring all private employers to provide paid sick leave to employees. The Dallas ordinance follows similar laws passed recently in both Austin and San Antonio.
Continue Reading Dallas Employers, Get Ready for the City’s New Paid Sick Leave Ordinance

In a unanimous 9-0 decision authored by Justice Ginsburg, the U.S. Supreme Court resolved a split amongst the circuit courts of whether filing a charge of discrimination pursuant to Title VII is a jurisdictional prerequisite or a claims-processing rule.
Continue Reading SCOTUS Unanimously Holds That Charge Filing Requirement in Title VII is Procedural, Not Jurisdictional

In a 3-1 decision released last week, the National Labor Relations Board reversed decades of precedent regarding a successor employer’s bargaining obligations following the purchase of an entity with a unionized workforce.
Continue Reading National Labor Relations Board Returns to Narrow Application of Perfectly Clear Successor Doctrine

Historically, bank executives have faced civil liability for breach of contract and violations of state laws governing the misappropriation of trade secrets for misusing their employer’s confidential and proprietary information. However, a recent “notice of intent to prohibit” issued by the Federal Reserve indicates that bank executives may now face a much harsher consequence than mere civil liability for misappropriating their employers’ information — namely, a ban from the business of banking altogether.
Continue Reading Fed’s Stance on Trade Secrets Could Mean More Banker Bans