Articles in Employment & Labor

3 REASONS WHY NON-UNIONIZED EMPLOYERS CANNOT IGNORE THE NATIONAL LABOR RELATIONS ACT

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When people think of the National Labor Relations Act (or the “NLRA,” for short), the image that most commonly comes to mind is that of a historic workers’ rights law enacted back in the 1930s to encourage the formation of labor unions and to assist the nation’s economic recovery from the Great Depression. They often assume that now, almost 100 Read More

Reducing Risk in Employee Hiring and Exit Processes

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Hiring and separation are some of the critical decisions an organisation has to make in an increasingly litigious business environment. Separation presents a higher risk of legal backlash, particularly when an employee is disgruntled. Though not as obvious, the hiring process also presents a significant risk to an organisation. Besides the immediate financial cost, hiring the “wrong” employee poses a Read More

Title VII at SCOTUS

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In April 2019 the U.S. Supreme Court announced it would hear three cases related to discrimination based upon sexual orientation and gender identity during its next term. The Court will analyze the scope of Title VII of the Civil Rights Act of 1964 (“Title VII”), which prohibits discrimination on the basis of a protected class. Currently, the lower courts are Read More

U.S. Supreme Court Rules EEOC Charge is Procedural Requirement, Not Jurisdictional

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As we have discussed previously, Title VII of the Civil Rights Act of 1964 (“Title VII”), is a federal statute that prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. It also prohibits retaliation against individuals who assert rights under the statute. To assert a claim under Title VII, the statute outlines that as a Read More

U.S. Department of Labor Issues Opinion Letter Classifying Workers in the Gig Economy As Independent Contractors

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The U.S. Department of Labor (DOL) recently issued an Opinion Letter analyzing the classification of workers in the virtual marketplace or “gig economy.” This refers to companies that operate in the “on-demand” or “sharing” economy, using online and smartphone applications to connect consumers to service providers in a wide variety of services, such as transportation, cleaning, delivery, and shopping. The DOL was Read More

New York State Legislature Passes “Game-Changing” Bill Extending Workplace Discrimination and Harassment Protections

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Last year, New York State passed legislation that dramatically increased the legal protections against sexual harassment, including requiring all employers to adopt a sexual harassment policy and implement annual sexual harassment training for all employees. Late last week, the Democratic-controlled New York State Legislature passed a bill containing several even more sweeping laws further extending protections against not only sexual Read More

Lindsays in the Scotsman: Tribunals loom for firms which ignore mental health of staff

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This article featuring Ben Doherty, Partner and Head of our Employment team appeared in Scotland on Sunday on Sunday 26May. A leading expert on employment law has warned that small businesses face increased complaints to tribunals if they ignore issues surrounding the mental health of employees. Ben Doherty, a partner and head of employment law at Lindsays solicitors in Glasgow, has represented clients Read More

EEOC Requires Employers to Submit EEO-1 Component 2 Pay Data by September 30, 2019

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The EEOC has announced that employers required to file annual EEO-1 reports must also submit EEO-1 Component 2 pay and hours data broken down by race, sex and ethnicity by job category for 2017 and 2018  no later than September 30, 2019. The Component 2 data requirement was originally imposed during the Obama administration, but was  put on hold by Read More

New York Extends Employee Paid Time Off Voting Benefit

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New York Governor Andrew M. Cuomo recently signed into law an amendment to § 3-110 of the New York Election Law that extends the obligations of employers to provide employees with paid time off to vote in elections. Prior to the amendment, employers were required to provide employees with two hours of paid time off to vote, but only if Read More

SUMMER IS COMING: Massachusetts Compliance Requirements with Respect to Summer Internship Programs

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For the Morse Employment Law Group, the arrival of spring is marked, not by the blooming of vernal flowers, but, rather, by the steady increase of inquiries related to summer interns. A summer internship program is often an important component of an employer’s annual business cycle: internships help connect an employer to its surrounding academic communities; internships can facilitate an Read More