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The New York City Council just passed two bills that will require employers to provide lactation rooms to breastfeeding employees, as well as develop a lactation policy and processes for employees to request accommodations for nursing. The first bill, Int. No. 879-A, amends the administrative code of the City of New York to require employers to provide a “lactation room” for employees needing to express breastmilk. The lactation room must be a sanitary place,…
Employers take note: At least within the area covered by the Ninth Circuit Court of Appeals (including Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington), prior salary history can no longer justify a pay difference between male and female employees.  In a move that reversed the court’s own previous ruling, an 11-judge panel held that a woman’s salary history can never be used as a basis for paying her less.…
In a January 10, 2018 memo that leaked last week (the “Granston Memo”), the U.S. Department of Justice (DOJ) directs its prosecutors to more seriously consider dismissing meritless False Claims Act (FCA) cases brought by whistleblowers.  We have long argued DOJ dismissal is an underused tool provided by the FCA.  See “Dismissing FCA Cases Over Relators’ Objections,” Law360 (May 7, 2012).  While we expect prosecutors will remain resistant to aggressively dismissing cases, the…