Although the World Health Organization has declared the coronavirus outbreak a “public health emergency of international concern,” it has not yet declared the outbreak as a pandemic. Nevertheless, the emergence of the latest coronavirus is an opportunity for employers, as it reminds them to consider policies and procedures related to pandemic planning.
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Ryan M. Bates
California DFEH Updates FAQ on Sexual Harassment Prevention Training in Light of New Deadline to Comply
The California Department of Fair Employment and Housing recently updated its Sexual Harassment Prevention Training FAQ guidance to address some of the questions surrounding SB 1343, which requires employers with five or more employees to provide classroom or “other interactive training” for all California employees (not just supervisors) every two years…
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Second Circuit Revival of 70,000-Employee Class Action Adds Ripple to Uncertain Waters of Class Arbitrations
The body of law surrounding class action employment arbitrations received another jolt Monday when the Second Circuit revived an arbitration action with a potential class of roughly 70,000 employees. In Jock v. Sterling Jewelers, the Second Circuit overturned the district court and upheld an arbitrator’s decision to bind absent class members to the arbitration provisions of the company’s agreement. The case represents another significant development in the realm of class arbitrations and class waivers, which have been the subject of significant recent litigation.
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Illinois Bans Employer Inquiries on Salary History, Continues Trend
Illinois joined a handful of other states when its prohibition on employer inquiries into applicants’ prior wage or salary information took effect this week. Under the law, no employers in Illinois can ask about the wage or salary histories of job applicants.
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New York Overhauls Discrimination and Harassment Laws in Second #MeToo Wave
Yesterday, Governor Cuomo signed the last of several bills that massively overhauls New York State’s discrimination and harassment laws. Employers are advised to take a fresh look at their policies and practices to ensure that they are in line with all the recent changes in New York employment laws.
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5th Circuit Agrees: Availability of Class Arbitration is “Gateway Issue” for the Courts
The Fifth Circuit recently joined a majority of its sister circuits in holding that the question of whether arbitration agreements authorize class arbitration should be decided by courts.
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DFEH Files Enforcement Action For Company’s Alleged Refusal To Cooperate In Systemic Discrimination Investigation
The California Department of Fair Employment and Housing last month filed an enforcement action in Los Angeles Superior Court against Riot Games, Inc. to compel compliance with its ongoing investigation into allegations of gender discrimination, sexual harassment, sexual assault, and retaliation. While the identified claims are broad, the primary thrust appears to be the contention that female employees at Riot Games are paid less than their male counterparts. …
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Supreme Court Holds That Agreements to Class Arbitration Must Be Explicit
In a 5-4 decision, the U.S. Supreme Court slammed the door shut on class arbitration unless specifically authorized by the parties. …
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Supreme Court To Decide Whether Title VII Protects Sexual Orientation and Gender Identity
After languishing on the docket for almost a year, the United States Supreme Court agreed today to hear three cases concerning the scope of Title VII’s protections for LGBT employees. …
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New York City Anti-Sexual Harassment Training Law Takes Effect on April 1, 2019
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.
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