Lew Clark

Subscribe to all posts by Lew Clark

Landmark U.S. Supreme Court Ruling Prohibits Sexual Orientation And Gender Identity-Based Discrimination In Employment (US)

“Today, we must decide whether an employer can fire someone simply for being homosexual or transgender. The answer is clear. An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable … Continue Reading

Top 10 Employment and Employee Benefit Issues in US Bankruptcy Cases

Bankruptcy is a term that tends to instill images of “For Sale” or “Everything Must Go” signs posted in windows, but this often is not the case. In fact, a bankruptcy filing is one way for a business to refocus its efforts and reorganize. Indeed, throughout history, many Fortune 500 companies have at some point … Continue Reading

NLRB Must Consider An Employer’s Obligation To Maintain A Harassment-Free Workplace When Evaluating An Employee’s Allegedly Protected Conduct (US)

The U.S. Court of Appeals for the D.C. Circuit recently refused to enforce a decision by the National Labor Relations Board (NLRB) that involved a conflict between an employer’s obligation to maintain a harassment-free workplace under federal and state equal employment opportunity laws (such as Title VII of the Civil Rights Act of 1964 which, … Continue Reading

U.S. EEOC Announces Four-Year Strategic Plan

On February 12, 2018, the U.S. Equal Employment Opportunity Commission (EEOC) approved its Strategic Enforcement Plan (SEP) for FY2018 – FY2022 (SEP).   Congress requires federal administrative agencies such as the EEOC to develop strategic plans every four years and publish their plans on their website.  The EEOC’s plan serves as a framework for the agency in … Continue Reading

DC Circuit Says Nurses Not Improperly Denied Weingarten Rights During Peer Review Investigation Interview

One of the long-standing rights under the National Labor Relations Act (“NLRA”) is for union-represented employees to be accompanied by a union representative at workplace investigatory interviews that the employee reasonably believes may result in disciplinary action.  These rights are referred to as “Weingarten” rights after the case, NLRB v. Weingarten, Inc., in which the … Continue Reading

Two US Federal Agencies disagree as to whether Title VII as a matter of law, reaches sexual orientation discrimination

This past May, 2017, The US Court of Appeals for the Second Circuit granted en banc (meaning all the judges on the Second Circuit will hear the case instead of a three-judge panel) a review in Zarda v. Altitude Express, the case of a New York skydiving instructor who was fired from his job because … Continue Reading

Supreme Court Says Appellate Courts Must Defer To District Court Decisions Regarding Enforceability of EEOC Subpoenas

Title VII of the Civil Rights Act of 1964 (Title VII) bestows upon the Equal Employment Opportunity Commission (EEOC) the right to subpoena records from employers against whom formal charges of discrimination have been filed; the EEOC also can subpoena employer representatives for interviews.  The purpose of this subpoena power is to allow the EEOC … Continue Reading

Extended Comment Period Gives Employers More Time to Weigh In On EEOC’s Proposed Guidelines On Unlawful Harassment

The U.S. Equal Employment Opportunity Commission (EEOC) has provided additional time for public comment on its recently-issued proposed guidelines on unlawful harassment.  The 75-page draft, which issued on January 9, 2017, expands upon existing interpretations of many aspects of workplace harassment, including prohibited bases for harassment, conduct constituting illegal harassment, the role of social media, … Continue Reading

NLRB Exercises Jurisdiction Over Charter Schools

It’s been a busy summer for the National Labor Relations Board.  After issuing important decisions expanding the reach of the National Labor Relations Act to allow university graduate assistants and  temporary workers to seek to join unions, as well as decisions expanding back pay awards and limiting employers’ ability to replace striking staff, on August … Continue Reading

NLRB Concludes Graduate Assistants Are Employees, Authorizing Unionizing Attempt

In a much anticipated decision, the National Labor Relations Board on August 23 ruled 3-1 that Columbia University graduate students who perform teaching assistant and research assistant services at the university in connection with their studies are employees within the meaning of the National Labor Relations Act. The Board’s decision clears a path for private … Continue Reading

US Employers Take Notice: Defend Trade Secrets Act Contains Noteworthy New Provisions

As reported last week in our Global Business IP & Technology Blog, the Defend Trade Secrets Act is currently on President Obama’s desk awaiting his imminent signature. Once enacted, the new law will provide the first federal civil claim for misappropriation of trade secrets. Although the new law is monumental in several respects, at least … Continue Reading

SEC Clamps Down On Employee Agreements Thought to “Chill” Whistleblower Activity

The US Securities and Exchange Commission (SEC) recently sent letters to numerous, unnamed publicly-traded US companies requesting every nondisclosure agreement, confidentiality agreement, severance agreement, and settlement agreement the companies have entered into with employees since the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) was enacted, as well as any other documents related to … Continue Reading

Arizona Lawmakers Propose Paid Sick Leave, Meal & Rest Breaks, and Discrimination Law Changes

Earlier this month, Democrats in the Arizona legislature introduced three measures that would significantly change the legal landscape for Arizona employers.  While none of the bills are likely to be passed by the Republican-controlled Legislature or be signed by newly-elected Republican Governor Doug Ducey, the proposed laws nonetheless have gotten Arizona employers’ attention. Most recently, … Continue Reading

New York Employers: All Employees Must Sign Pay Rate Acknowledgments in January

An easy, but forgettable, compliance action occurs every January for New York employers – pay rate acknowledgements for current employees.  The New York Wage Theft Protection Act [pdf], which took effect on April 9, 2011, requires employers to have all employees in New York sign and date an acknowledgement of the employee’s wage rate by … Continue Reading

US New York Wage Deduction Regulations Take Effect

As we reported earlier, last year, New York amended its wage deduction statute [pdf] and greatly expanded categories of permissible deductions from employees’ pay.  In an earlier post, we discussed the regulations interpreting Labor Law Section 193 proposed by the New York Department of Labor.  The New York Department of Labor has now adopted those … Continue Reading

New Wage Deduction Regulations To Go Into Effect Soon: New York Employers Be Prepared

Last year, New York amended its wage deduction statute and greatly expanded categories of permissible deductions from employees’ pay.  In addition to statutory deductions and deductions for health and welfare plans which have traditionally been permissible, New York employers may now deduct wages for the benefit of the employee, including the following: insurance premiums and … Continue Reading

Court Upholds NLRB Order Employer Posting Requirement (But Strikes Down Penalty Rule)

On March 2, Judge Amy Berman of the US District Court for the District of Columbia ruled that the NLRB has the authority to promulgate the rule it adopted last year (previously commented on here) which will require employers to post a notice informing employees of their rights under the National Labor Relations Act.  After … Continue Reading

Employees in New York City to Enjoy New, Heightened Protection against Religious Discrimination

On August 17, the New York City Council enacted legislation which will make it easier for employees in New York to require their employers to accommodate religious beliefs. This would include Sabbath and holiday observance, religious clothing, headgear, facial hair, prayer during the workday, and other religious practices. The legislation, Int. No. 632-A, essentially makes … Continue Reading

Arizona Legislature Helps Clear the Smoke Created by Arizona Medical Marijuana Law

In March, we blogged about the new Arizona Medical Marijuana Act and the confusion the new law was sure to create for Arizona employers who have employees who are medical marijuana users. Arizona’s legislature responded to the concerns and enacted House Bill 2541, which clarifies when employers may terminate or take other adverse actions against … Continue Reading

Arizona Medical Marijuana Law Sure to Create Confusion Among Employers

Most US employers naturally have little tolerance for employees’ arriving to work under the influence of any illegal drug, including marijuana. Many Arizona employers have drug and alcohol testing policies which absolutely prohibit being at work possessing or being under the influence of marijuana and will often summarily terminate the employment of a marijuana-using violator. … Continue Reading

New York Employers Face New Documentation Challenge with Wage Theft Prevention Act

Adding to New York employers’ already daunting challenge of complying with the myriad federal and state employment-related documentation requirements, the State Assembly recently added another. As one of his last official acts as Governor of New York, David Paterson signed the Wage Theft Prevention Act (the “WTP Act”) in December 2010, and the law goes … Continue Reading
LexBlog