Localities and the Compensation History Ban: Next Stop Albany County

By Susan M. Corcoran, Lisa M. Marrello, Thomas L. Petriccione & Vincent E. Polsinelli on December 7, 2017

New York Governor Andrew Cuomo has long supported measures related to pay equity. In 2015, he signed a pay equity law that prohibited an employee from being paid a lower wage on the basis on gender. Similarly, in early 2017, Cuomo signed an executive order prohibiting state agencies from making pre-employment offer inquiries about a candidate’s prior or current salary. [https://www.jacksonlewis.com/publication/new-york-toughens-equal-pay-laws-state-contractors-must-disclose-salary-data-state-agencies-cannot-ask-applicants] Unlike California, Delaware, Massachusetts, and Oregon, which have passed statewide “salary history ban” legislation,…

Employment Class and Collective Action Update

Judge Decertifies Class Based on Plaintiffs’ Differing Accounts of Their Responsibilities

By Vincent E. Polsinelli, Stephanie L. Goutos & Christopher J. Stevens on March 31, 2017

Those who follow developments in wage and hour class actions know that challenges to the exempt status of assistant managers are quite common. Such cases often hinge on a detailed analysis of the actual job duties performed—with the plaintiffs claiming that the entire class performed little or no managerial work and the employer claiming that management was the primary duty of the position. A recent decision from a federal court in New York involving this…

Disability, Leave & Health Management Blog

Third Circuit: No Direct Evidence Needed for Mixed-Motive Jury Instruction in FMLA Retaliation Cases

By Vincent E. Polsinelli & Christopher J. Stevens on March 29, 2017

A former employee alleges that he was terminated because he exercised his right to take intermittent leave under the Family and Medical Leave Act. His former employer asserts that his FMLA leave had nothing to do with his termination. Rather, the employer claims, he was let go simply because his position was eliminated. At trial, the employee fails to present any direct evidence that his use of FMLA leave was a motivating factor for his…

Employment Trial Report

Third Circuit: No Direct Evidence Needed for Mixed-Motive Jury Instruction in FMLA Retaliation Cases

By Vincent E. Polsinelli & Christopher J. Stevens on March 28, 2017

Vincent E. Polsinelli

Localities and the Compensation History Ban: Next Stop Albany County

Judge Decertifies Class Based on Plaintiffs’ Differing Accounts of Their Responsibilities

Third Circuit: No Direct Evidence Needed for Mixed-Motive Jury Instruction in FMLA Retaliation Cases

Third Circuit: No Direct Evidence Needed for Mixed-Motive Jury Instruction in FMLA Retaliation Cases

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