Yesterday, the financial publication American Banker put out an article discussing the rising number of investors and asset management firms requesting more transparency from companies they are shareholders of, including big banks Wells Fargo and JPMorgan Chase. Specifically, the article highlighted investor resolutions requesting the end of mandatory arbitration in...
Today, the National Labor Relations Board (NLRB) issued its final rule revising its legal test for determining joint employer status. The NLRB’s new rule makes it harder for workers to claim that an entity is a joint employer because it states that a business is only a joint employer if...
When physicians and their employers enter into employment agreements, the non-competition provision is often the most fiercely negotiated component. Hospitals and private practices view these “non-competes” as an important tool to protect their investment in physicians’ practices, including expanding their patient base and, in many cases, training the physicians. Physicians,...
On February 7, FedEx announced that FedEx Express, its operating company that promises “day-definite” deliveries, would start outsourcing some of its home deliveries to FedEx Ground. The Memphis-based publication The Commercial Appeal picked up the story, describing that protection of employees of the two operating arms falls under two different...
Last month, my colleagues reported on the changes to New York discrimination laws and minimum wage and overtime exemption requirements that took effect at the start of the year—two of several significant, new employment legal initiatives of which U.S. employers and employees should be aware. Two others of particular note...
After building up laws against sexual harassment in 2018, in 2019 New York State enacted additional legislation that further clarified and expanded protections available to workers under the New York State Human Rights Law (NYSHRL), as we previously discussed in this article. A number of the new requirements took effect in...
The last several years have seen successful efforts by employees and employee advocates to raise the minimum wage and salary thresholds for exempt employees throughout New York State. While these increases have been scheduled to gradually take effect over a number of years, the onset of 2020 brings further increases throughout the...
On December 23, MarketWatch published an article discussing some of the biggest legal changes coming to employers and employees in 2020. In “Where U.S. Workers Will See Minimum Wage Increases and Paid Family Leave in 2020,” reporter Andrew Keshner highlights the new 12-week paid family leave law for federal workers...
The U.S. Court of Appeals for the Second Circuit has issued a “clarifying” ruling, Lenzi v. Systemax, Inc., No. 18-979, 2019 WL 6646630, at *1–2 (2d Cir. Dec. 6, 2019), holding that a plaintiff seeking to assert claims under Title VII of the Civil Rights Act of 1964 for substandard...
In the wake of the #Metoo movement and the strengthening of laws concerning sexual harassment claims, employers have been encouraged to promptly and aggressively investigate claims of harassment or sexual misconduct in the workplace. While failing to take such accusations seriously certainly creates legal risk, a flawed or biased investigation...