Mom-Friendly Policies May Be A Nice Perk But Could Constitute Gender Discrimination

By Cheryl Orr and Alejandra Lara

The EEOC, and at least some Plaintiffs’ lawyers, are taking the position that employers may not offer more parental leave to a birth mother than to a father, unless justified by medical necessity. Any other outcome, they claim, would constitute discrimination against men on the basis of sex.

This Summer (on June 25, 2015), the Equal Employment Opportunity Commission issued the EEOC Enforcement Guidance on Pregnancy Discrimination and Related Issues on June 25, 2015. The EEOC’s new guidance states that any parental leave must be provided to similarly situated men and women on the same terms. Further, according to this guidance, companies may offer longer leaves to biological mothers than to fathers, only if the difference in length of leave is justified by a medical necessity. The EEOC gives the example of the following policy that … Read More »

Reducing Discretionary Bonus May Constitute Adverse Employment Action

Posted on October 26th, by Editor in Counseling & Compliance Training. 1 Comment

By William R. Horwitz

According to the U.S. Court of Appeals for the Second Circuit, a District Court erred when it held that reducing an employee’s discretionary bonus cannot constitute an “adverse employment action” – a necessary element of a discrimination claim. The Second Circuit issued its decision last week in Davis v. New York City Dep’t of Educ., 2015 WL 6118183 (2d Cir. Oct. 19, 2015). In Davis, the District Court had relied on Seventh Circuit precedents in reaching its holding, but the Second Circuit clarified that those precedents “are not the law in this circuit.” Although Davis is a disability discrimination case, the Second Circuit signaled that the same principle applies to other types of discrimination cases as well.

The Law

The Americans With Disabilities Act (the “ADA”) prohibits an employer from discriminating “against a qualified individual on the basis of … Read More »

Summary of Key New California Laws for 2016: What Employers Should Know

By Pascal Benyamini

Governor Brown has signed several laws impacting California employers. A summary of some of the key new laws follows. The effective date of the particular new law is indicated in the heading of the Assembly Bill (AB) and/or Senate Bill (SB). As a reminder, the minimum wage in California is increasing to $10 per hour on January 1, 2016 based on previous legislation signed by Governor Brown in 2013.

AB 622 – E-Verify System (Effective January 1, 2016)

By way of background, under U.S. law, companies are required to employ only individuals who may legally work in the United States – either U.S. citizens, or foreign citizens who have the necessary authorization. E-Verify is an internet-based system that allows employers to determine the eligibility of their employees to work in the United States. The E-Verify system is administered by the … Read More »

Lynne Anderson to Speak at Seton Hall Law’s Healthcare Compliance Certification Program

Posted on October 13th, by Editor in Counseling & Compliance Training. No Comments

On October 15, Florham Park partner Lynne Anderson will speak at Seton Hall’s U.S. Healthcare Compliance Certification Program. The event, which will take place from October 12-15, offers a comprehensive overview of state, federal and international law governing prescription drugs, medical devices, and healthcare fraud.  Topics include privacy and data protection, anti-kickback laws, the Foreign Corrupt Practices Act and the False Claims Act.  Attendees include representatives from pharmaceutical companies and hospitals.

Lynne will participate in the panel titled, “Being the Focus of a Government Investigation” to provide the perspective of dealing with an employee whistleblower.  She will be joined by Mike Doyle of the Federal Bureau of Investigation; Jacob Elberg of the U.S. Attorney’s Office, District of New Jersey; Maureen Ruane of Lowenstein Sandler P.C.; Jim Sheehan of the Office of the New York Attorney General; and Professor Timothy Glynn of … Read More »

Strict New California Fair Pay Act Will Become Effective January 1, 2016

By Mark E. Terman and Shavaun Adams Taylor

In only a few months, employers in California will be subject to one of the strictest and most aggressive equal pay laws in the country.  This week, Governor Jerry Brown signed the California Fair Pay Act (“Act”), Senate Bill 358, a new law intended to increase requirements for wage equality and transparency.  The Act amends Section 1197.5 of the California Labor Code relating to private employment.

New “Substantially Similar Work” Standard

Under the Act, an employer is prohibited from paying employees of the opposite sex lower wage rates for “substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions.”  Previously, the equal pay statute was more limited.  It prohibited employers from paying employees of the opposite sex in the same establishment for equal work on … Read More »

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California Supreme Court Ruling on Right to Statewide Discovery in PAGA Actions Is Not as Bad for Employers as It Looks

By Ramon A. Miyar & Jaime D. Walter

In a blow to the defense bar—and, in particular, retail employers—the California Supreme Court, in Williams v....

Part V of “The Restricting Covenant” Series: Lawyers and Law

By Lawrence J. Del Rossi

This is the fifth article in a continuing series, “The Restricting Covenant.” I originally thought this article would contain, at...

Department of Labor to Begin Issuing Opinion Letters, Again

By Mark J. Foley and Vik C. Jaitly

Secretary of Labor, Alexander Acosta, recently announced that the Department of Labor (DOL) will resume issuing opinion...