New York State is on its way to enacting comprehensive reforms to broaden the scope of its discrimination and harassment laws, including one of the most robust anti-harassment bills in the #MeToo era, amendments to the State’s Equal Pay Act to prohibit wage differentials based on protected class, and a ban on salary history inquiries. Anti-Harassment and Discrimination Amendments to the New York State Human Rights Law First, lawmakers passed, and Governor Cuomo has promised…

Assessing whether to terminate an employee and how best to deliver the news are challenges every employer faces. Whether it’s a low-performing employee who shows no sign of improvement or an employee who egregiously violates a company policy, having policies and procedures in place and following them will help minimize exposure to claims. In the absence of a collective bargaining agreement or a contract for a definite term of employment, most employees in the U.S.…

Recent legislation in Colorado and Minnesota imposes harsh criminal penalties—including potential felony convictions—for the failure to pay wages.  To limit their exposure under these strict new laws, employers with operations in either state should familiarize themselves with these upcoming changes. Colorado Increases Criminal Penalties under the Wage Claim Act On May 16, 2019, Colorado Governor Jared Polis signed HB 19-1267, into law, addressing penalties for failure to pay wages.  While Colorado currently imposes misdemeanor penalties…

U.S. Immigration and Customs Enforcement (ICE) is one step closer to eliminating protections availed in so-called sanctuary cities. On May 6, 2019, the federal immigration authority launched a new program that encourages local law enforcement to arrest foreign nationals in cities that have chosen to be a safe haven for immigrants. This program, which debuted in Largo, Florida, comes on the heels of a controversial bill passed by the Florida legislature prohibiting sanctuary cities in…

According to recent guidance issued by the DOL and NLRB, workers in the so-called “gig,” “on-demand,” or “sharing” economy are independent contractors, not employees. This represents a significant departure from Obama-era policy and is expected to have significant consequences for both employers and workers in that sector.…

“Fair workweek” laws are sweeping the nation, bringing new challenges for employers. Also referred to as “predictable scheduling,” “advanced scheduling,” or “secure scheduling laws,” these laws typically require larger employers in restaurant and retail industries to provide employees with advanced schedules and “predictability pay” if schedules are changed after a certain time period before an employee’s shift. …

Ambiguous language in an arbitration agreement is not a sufficient basis for concluding a party has agreed to class arbitration, the U.S. Supreme Court ruled last week. In Lamps Plus, Inc. v. Verela, the Court held that, under the Federal Arbitration Act (“FAA”), courts may not infer from an ambiguous agreement that parties have consented to arbitrate on a classwide, rather than individual, basis. Instead, class arbitration must be expressly authorized in the contract.…