Latest Articles

This week, the Washington Post reported that a professional sports team in Dallas had released one of its star players for committing multiple violations of the league’s player conduct rules, specifically its rules prohibiting discriminatory behavior or harassment. No, the article was not reporting on another player misconduct case involving the NFL’s Dallas Cowboys; instead, it was focused on the Dallas Fuel, a team in the nascent Overwatch League, a professional esports league in which…
“Close some doors today. Not because of pride, incapacity or arrogance, but simply because they lead you nowhere.” This quote (attributed to Brazilian author Paulo Cuelho) comes to mind with last month’s filing of yet another lawsuit, Livers v. NCAA, by a college athlete who alleges that playing a college sport is work such that he or she qualifies as an employee of the school, and is thus entitled to wages, under the Fair…
Boo! It appears that fright-fest preparations for New York City employers will come early this year now that Mayor de Blasio has signed a New York City law that prohibits employers from inquiring into or relying on a job applicant’s compensation history to determine compensation in the hiring process. The new law is scheduled to go into effect on October 31.…
Bong … Bong … Bong … that is the death knell you thought you heard following the decision from the Seventh Circuit Court of Appeals (covering Indiana, Illinois, and Wisconsin) in Berger v. NCAA earlier this month. After that case, many legal prognosticators proclaimed the demise of student-athletes’ claims that they are actually employees of their colleges and universities, and thus, entitled to wages for their athletic services under the Fair Labor Standards Act (FLSA).…
Too much of a good thing can be bad – a maxim that some employers have historically ignored by requiring entire workforces, including rank-and-file employees, to submit to post-employment noncompete obligations as a condition of continuing employment. In recent months, however, state attorneys general, specifically in New York and Illinois, have put significant heat on employers that have engaged in this practice and, in doing so, appear to be opening a new front in the…
In deference to Bob Dylan, while you may not need a weatherman to know which way the wind blows, employers quite often rely on employment lawyers to help them recognize an approaching legal storm and how best to prepare for it. Today, this weatherman is forecasting a coming pay equity storm. To best prepare, below are  four changes to New York’s Equal Pay Act, along with four tips for employers who seek shelter from the…
New Legislation Effective on February 4, 2016, sports team physicians visiting Pennsylvania with their teams from outside the state will now be permitted to treat their players in Pennsylvania without fear of violating Pennsylvania law. Previously, visiting team doctors technically could not treat their own players without a Pennsylvania medical license. Pennsylvania is not the first state to adopt this approach, which ensures that athletes, no matter where they are playing, are treated by the…
Things or people are not as they always appear to be. That message pervades not only Shakespeare’s Macbeth but also New York City’s Fair Chance Act (FCA), which is scheduled to go into effect next week (on October 27) and is designed to promote the hiring of individuals who have prior criminal convictions. To that end, the FCA’s prohibitions and requirements will materially limit the ability of NYC employers to (i) conduct criminal background checks…
Can businesses use unpaid interns? Over the past few years, this is a frequent question from corporate clients and a mainstay subject in the legal blogosphere (including right here). The heightened interest stemmed from a rash of well-publicized class action lawsuits brought (mostly in New York City) by unpaid interns who claimed that, during their internships with various businesses, they really functioned like employees and thus were entitled to minimum wage and overtime pay…
If college athletes are employees under the National Labor Relations Act (“NLRA”), then why not under the Fair Labor Standards Act (“FLSA”)? That proposition predictably follows from the recent determination by the Chicago Regional Director of the National Labor Relations Board (“Board”) that Northwestern University’s scholarship football players are employees under the NLRA and thus could unionize and bargain collectively over the terms and conditions of their “work” playing football – an issue now currently…