On April 11, 2018, the New York City Council passed a package of legislation referred to as the “Stop Sexual Harassment in NYC Act,” (“NYC Act”) which, if passed, will require covered New York City employers to, among other things, provide annual anti-sexual harassment training to employees. The legislation now awaits the signature of New York City Mayor Bill de Blasio. New York City follows on the heels of New York Governor Andrew Cuomo’s signing the Budget Bill, which contained a new state law (“NY State Act”) requiring covered employers to provide annual anti-sexual harassment training to employees as of October 9, 2018. For a more comprehensive discussion about the NYC Act and NY State Act, please see our LaborSphere blog. Also, employers will be receiving more guidance regarding what constitutes compliant training programs as New York City’s legislation, if passed, directs the NYC Human Rights Commission to develop an online interactive module that can be used to satisfy the law’s requirements. In New York, the Commissioner of Labor and the New York State Human Rights Division are jointly compelled to create a model sexual harassment training program.
Big Law Hit With A Gender, Pregnancy, And Maternity Discrimination Class Action
This week, three female associates at Morrison & Foerster (“MoFo”) filed a nine-count gender, pregnancy, and maternity (“sex-plus”) discrimination class and collective action against their employer in the Northern District of California. The putative class includes all female attorneys at MoFo and other national and California subclasses of female attorneys who have been or will be employed by MoFo and who have been or will be pregnant, have children, and/or take maternity leave.
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New Jersey Enacts Comprehensive Equal Pay Law – What Employers Need to Know
Governor Phil Murphy recently made good on his campaign promise to make equal pay a top priority in New Jersey. On April 24, 2018, Governor Murphy signed into law the Diane B. Allen Equal Pay Act (the “Act”), which amends the New Jersey Law Against Discrimination (“NJLAD”). The Act was passed by the New Jersey Legislature on March 27, 2018, and takes effect on July 1, 2018.
The Act is being heralded as one of the most expansive equal pay laws in the country, and impacts hiring practices, compensation practices, employee arbitration agreements and how HR must respond to employee demands for information regarding their co-workers’ compensation.
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Mandatory Sexual Harassment Training and Other Legislative Changes Come to New York
Buried within a budget bill signed by Governor Andrew Cuomo on April 12, 2018 are some major changes for all New York employers in the area of Sexual Harassment. Part KK of Senate Bill 7507-C makes six changes to New York Law. Some pieces of the law went into effect right away, some are delayed until the following dates: July 11, 2018, October 9, 2018 and January 1, 2019.
Pennsylvania Federal Court Rules that Drivers are Properly Classified as Independent Contractors
In Razak v. Uber Technologies, Inc., a Pennsylvania federal judge ruled last week that drivers for UberBLACK, the company’s higher-end limousine service, are properly classified as independent contractors. In granting Uber’s motion for summary judgment, this court was the first federal court to determine whether drivers for UberBLACK are employees or independent contractors under the Fair Labor Standards Act (“FLSA”) and similar Pennsylvania state laws.
Marijuana in the Golden State: California Lawmakers Seek to Protect Medical-Marijuana Users in the Workplace
Although California legalized medical marijuana use in 1996 and recreational use in 2016, California employers have always been free to maintain zero-tolerance policies against all users. That could change soon as a result of Assembly Bill 2069 (“AB 2069”), which would amend the California Fair Employment and Housing Act to create a new class of protected persons: medical marijuana cardholders.