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Feds issue new rule defining joint employment, effective March 16
In a major move, the U.S. Department of Labor (DOL) through its Wage and Hour Division (WHD) has finalized a significant amendment to its interpretation of the regulations defining joint employers under federal law. The DOL’s final rule will take effect on March 16, 2020.…
Are sexual harassment claims underreported?
When one employee makes sexually offensive remarks or unwelcome sexual advances toward another employee, it can constitute sexual harassment and can create a hostile workplace environment. Unfortunately, such sexual harassment may be more prevalent than employees realize, in part due to a lack of reporting…
The murky parameters of the ministerial exception
The Supreme Court of the United States will hear a pair of consolidated cases from California in which they will consider how far the ministerial exception to anti-discrimination in employment law reaches. The ministerial exception is a court-made doctrine based on the federal Constitution’s provisions…
Could a new year mean new protections for gig economy workers?
The rise of the gig economy has made it possible for anyone to make some money by driving passengers, making deliveries, or even walking dogs. As businesses reliant on this model have grown into money-making giants, scrutiny of the working arrangement has increased. Regulators and…
Arbitrator may certify arbitration class in sex discrimination claim
The U.S. Court of Appeals for the 2nd Circuit held on Nov. 18 that a private arbitrator in the case of Jock v. Sterling Jewelers Inc. had the power to define a class of plaintiffs to participate in the arbitration. While only 254 female plaintiff-employees…
Wage-and-hour issues for holiday delivery truck drivers in NYC
The New York City holiday season is bustling, festive and filled with tradition – think Handel’s Messiah, Dyker Heights light displays, West Village holiday windows, Central Park skating, carriage rides, the Met Christmas tree, the Union Square Holiday Market and – wait for it –…
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