New Jersey Hotels Must Provide “Panic Buttons”

By Fatima M. Guillen-Walsh on June 17, 2019

New Jersey Governor Murphy signed Bill S-2986 into law on June 11, 2019 mandating that “larger” hotels protect workers from sexual violence, assault, and other acts of harassment and violence that can occur on hotel premises by co-workers and/or guests. A copy of the law can be seen by clicking here. The law notes that “[d]ue to the unique nature of hotel work, hotel employees are particularly vulnerable to unsafe working conditions because they…

Labor & Collective Bargaining

Bargaining Unit Can Still Be ‘Micro’ under ‘Community of Interest’ Standard

By Fatima M. Guillen-Walsh, Howard M. Bloom & Philip B. Rosen on January 13, 2019

After the NLRB adopted a new standard for determining bargaining-unit composition, many expected fewer micro-units would result. PCC Structurals, 365 NLRB No. 160 (2017) (PCC I). However, when the employer filed a request for review (appeal) of the Regional Director’s decision allowing, on remand, a “micro-unit” of its employees to vote on union representation under the new standard, the NLRB denied it. PCC Structurals, Inc., No. 19-RC-202188 (Nov. 28, 2018) (PCC II). In PCC I,…

EPL Risk Mitigation Blog

Another Circuit Prompts the Supreme Court to Resolve Title VII Sexual Orientation Claims

By Fatima M. Guillen-Walsh on November 20, 2018

As the Circuits become further divided on issues of civil rights, the scope of legally protected characteristics under Title VII become harder to predict. After a recent loss in the 11th Circuit, a claimant petitioned the Supreme Court to review the 11th Circuit’s decision that “discharge for homosexuality is not prohibited by Title VII.” Bostock v. Clayton Cty. Bd. of Comm’rs, 894 F.3d 1335, 1337 (11th Cir. 2018). In its ruling, the 11th Circuit expressly…

EPL Risk Mitigation Blog

Unplug: Will Employees Soon Have The “Right to Disconnect?”

By Fatima M. Guillen-Walsh on April 23, 2018

If a proposed law is enacted by the New York City Council, employers would be prohibited from requiring employees to check and respond to email or other electronic communications during non-work hours. The bill allows for exceptions in “cases of emergency” and would require employers to publish a written policy governing work-related communications during non-work hours. The bill includes an anti-retaliation provision, and reserves the right to impose different levels of civil penalties, up to…

EPL Risk Mitigation Blog

Be Prepared: Changes to Workplace Wellness Programs Coming in 2019

By Fatima M. Guillen-Walsh on January 5, 2018

Though still a year away, employee health plans are in for significant change beginning January 1, 2019. This modification is the result of a longstanding argument about plan administration. In October 2016, the AARP sued the Equal Employment Opportunity Commission (EEOC), arguing that the regulations interpreting the Americans With Disabilities Act and Genetic Information Nondiscrimination Act include financial incentives or penalties that are discriminatory and penalize employees who do not want to provide health-related information…

Fatima M. Guillen-Walsh

New Jersey Hotels Must Provide “Panic Buttons”

Bargaining Unit Can Still Be ‘Micro’ under ‘Community of Interest’ Standard

Another Circuit Prompts the Supreme Court to Resolve Title VII Sexual Orientation Claims

Unplug: Will Employees Soon Have The “Right to Disconnect?”

Be Prepared: Changes to Workplace Wellness Programs Coming in 2019

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