Articles in Employment & Labor

New York Opens the Gate for Farm Worker Organizing

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On June 19, 2019, the New York State Legislature passed the Farm Laborers Fair Labor Practices Act (“Act”), an amendment to the New York State Labor Law, which will have broad and significant implications for farms throughout New York State. Under the Act, farm laborers are now considered “employees” under the New York State Employment Relations Act (SERA). “Farm laborer” Read More

Illinois Passes Bill Requiring Anti-Harassment Training

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The Illinois General Assembly has passed SB 75, a bill that would require all employers in the state to provide workplace sexual harassment training to employees annually, following the trend of California, New York, Delaware, Connecticut and Maine, who have passed similar laws. Failure to train employees would result in a $500 penalty to businesses with fewer than four employees Read More

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