Employment Law Perspectives

Murtha At Work: Insights for Employers

On October 1, 2018, New York State released final documents and resources in connection with its new sexual harassment prevention requirements. Along with the updated guidelines, the deadline to provide a first round of sexual harassment prevention training has been extended from January 1, 2019 to October 9, 2019.…
Last August, we blogged about a case of first impression in Connecticut where a federal court judge found that Connecticut’s Palliative Use of Marijuana Act (“PUMA”) creates a private cause of action for employment discrimination and that PUMA’s anti-discrimination provision is not preempted by federal law.  See Noffsinger v. SSC Niantic Operating Co. LLC, 273 F. Supp. 3d 326, 340 (D. Conn. 2017).  On September 5, the court issued another decision in this case, offering…
Last week, we addressed the looming sexual harassment notice and training requirements affecting all New York State and New York City employers.  We also wrote about the pending issuance of public resources containing model policies and other materials that would comply with the New York State mandates.  The day after we posted our blog, New York State published a website – Combating Sexual Harassment in the Workplace, which provides resources to employers and…
Just as the 2018 legislative session came to a close on the night of July 31, 2018, the Legislature passed a bill reforming the law of noncompetition agreements (“noncompetes”) in Massachusetts.  The bill is being viewed as a compromise following years of unsuccessful efforts to pass noncompete reform.  The governor is expected to sign the bill into law in the coming days. …
On June 28, 2018, Massachusetts Governor Charlie Baker signed a bill titled “An Act Relative to Minimum Wage, Paid Family Medical Leave, and the Sales Tax Holiday” (H.4640).   The new law, dubbed the “Grand Bargain,” implements incremental increases in Massachusetts’ minimum wage over the next five years, and creates a new paid family and medical leave program in the Commonwealth. A full text of the bill can be found here. Minimum Wage Increase The…
The end of the recent U.S. Supreme Court term brought with it the most consequential labor law ruling in recent memory. On Wednesday, June 27, 2018, the Court held that public sector employees who are represented by a union, but are non-members of the union, cannot be compelled to pay money to cover the union’s cost of representing the non-member. In a major victory for opponents of organized labor, the Court overruled long-standing precedent allowing…
On Tuesday, Governor Malloy signed into law a bill amending Connecticut’s Act Concerning Pay Equity so that, with limited exceptions, Connecticut employers will no longer be allowed to inquire about an applicant’s wage and salary history. Following the trend set by states that have enacted pay equity measures, including Massachusetts, Connecticut’s pay equity law imposes a number of restrictions on employers. Beginning January 1, 2019, Connecticut employers with one or more employees (practically speaking,…
On Monday, in a 5-4 majority decision in Epic Systems Corp. v. Lewis, No. 16-285, the U.S. Supreme Court found class action waivers in arbitration agreements to be valid and enforceable, settling a long-standing split among federal courts of appeals. By way of background, the Supreme Court years ago allowed employers to use arbitration clauses as a way to resolve employment disputes outside of court by requiring employees to agree to arbitration as a condition of…
As we discussed in a recent post, the New York City Council introduced a series of bills last month aimed at preventing sexual harassment in the workplace; The Stop Sexual Harassment in NYC Act. The City Council enacted the Act on April 11, 2018 and it is waiting final signature from the Mayor.…