By a 4 to 1 vote, the U.S. Equal Employment Opportunity Commission (“EEOC” or “Commission”) issued updated enforcement guidance under Title VII of the federal anti-discrimination laws on the use of arrest and conviction records in the hiring process (“Guidance”). Enforcement Guidance on Consideration of Arrest and Conviction Records in...
Recent layoffs at Dewey & LeBeouf LLP have highlighted the federal worker protection under the federal Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 2102, et seq., or WARN Act. (Some states, including New York, have enacted respective WARN acts, which differ in some aspects from federal law.) Enacted...
By Neil Patrick Parent We have been tracking Christopher v. SmithKline Beecham Corp., currently before the United States Supreme Court, a case involving whether or not pharmaceutical sales representatives (or “detailers” as they have traditionally been known in the industry), are eligible for overtime wages for hours worked in excess...
Reavis Parent Lehrer LLP won a significant victory on behalf of its client Vandegrift Forwarding Company, Inc. (“Vandegrift”) when Judge Dora Irizarry of the United States District Court for the Eastern District of New York dismissed a complaint asserting claims under the federal Employee Retirement Income Security Act, commonly known...
The U.S. Department of Labor published a notice of proposed rulemaking today concerning the extension of minimum wage and overtime protections to almost two million caretakers who provide in-home care services to the infirm and elderly. Members of the public may comment on the notice of proposed rulemaking at www.regulations.gov...
In the July/August 2011 issue of 'The Financial Manager', RPL partner Nicole Page published an article titled, "The Worker Identity Crisis." In the article, Ms. Page provides information and advice on the current state and federal guidelines in classifying workers. Government agencies at both the state and federal level are...
The U.S. Department of Labor has announced the availability of a Smartphone application designed to help workers keep track of their work hours and the amount of wages they are owed. Compatible with the iPhone and iPod Touch, this free application (which is available in English and Spanish) helps users...
RPL Partner Helen D. ("Heidi") Reavis is teaching a seminar at Fordham University School of Law this semester titled Sexuality and the Law. With an emphasis on constitutional doctrines, including equal protection, due process/privacy, and freedom of speech and association, the seminar addresses how legal rights, protections, and deprivations based...
The U.S. Equal Employment Opportunity Commission ("EEOC") has announced final regulations to implement the ADA Amendments Act ("ADAAA"). As explained in the EEOC's press release, "[T]he regulations are designed to simplify the determination of who has a 'disability' and make it easier for people to establish that they are protected...
On March 1, 2011, the National Women’s Law Center and the American Civil Liberties Union, joined by the Women's City Club of New York and 31 other organizations, filed an amicus brief in the U.S. Supreme Court in the case, WAL-MART STORES, INC. v. BETTY DUKES, et al., in support...