Today, New York City’s anti-sexual harassment training law goes into effect. Under the new law, private employers must provide annual “interactive” sexual harassment training to their entire workforce, including some independent contractors and part-time employees. The NYC law is similar—but not identical—to a recently enacted New York state law mandating sexual harassment training.
Continue Reading New York City Anti-Sexual Harassment Training Law Takes Effect on April 1, 2019

In a rare win for plaintiffs seeking to avoid arbitration, the U.S. Supreme Court rejected a trucking company’s attempt to compel arbitration in a driver’s proposed minimum wage class action.  The Court held that the Federal Arbitration Act’s exemption for interstate transportation workers applies not only to employees, but also to those classified as independent contractors. 
Continue Reading SCOTUS Rejects Employer’s Attempt to Compel Arbitration of Independent Contractor’s Class Claim

The U.S. Supreme Court held yesterday that the Age Discrimination in Employment Act (ADEA) applies to state and local government employers, regardless of their size.  In doing so, the Court unanimously adopted the Ninth Circuit’s reading of the statute when four other Circuits held the opposing position.
Continue Reading Supreme Court Extends ADEA Coverage to Small State and Local Government Employers

The EEOC recently released a report highlighting the Commission’s efforts to combat sexual harassment in the past year.  The report, which includes preliminary data for the fiscal year ending on September 30, 2018, illustrates that the Commission has been, in the EEOC’s words, “vigorously enforcing the law” in the wake of the #MeToo movement. 


Continue Reading EEOC Report Profiles Its “Vigorous” Efforts to Combat Workplace Harassment

In one of the most anticipated decisions of the term, the U.S. Supreme Court, in a 7-2 decision, dodged the key constitutional questions in Masterpiece Cakeshop v. Colorado Civil Rights Commission, issuing a narrow opinion finding that the Colorado Civil Rights Commission displayed “impermissible hostility” toward a baker’s sincerely held religious beliefs.
Continue Reading Supreme Court Rules for Baker in Same-Sex Marriage Wedding Cake Case

In a major win for employers, the U.S. Supreme Court held that arbitration agreements with class action waivers do not violate the National Labor Relations Act (“NLRA”).  The Court’s narrow 5-4 decision paves the way for employers to include such waivers in arbitration agreements to avoid class and collective actions.   
Continue Reading SCOTUS Holds Class Action Waivers Do Not Violate the NLRA