Category Archives: Legislation

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Workplace Video Monitoring: What Employers Need To Know

The omnipresence of video cameras is a fact of life. The average American, aware or not, is caught on surveillance camera more than 75 times a day. Given the availability and effectiveness of inexpensive video equipment, many companies use video to monitor their entire operations for safety, security and quality control. But video surveillance can … Continue Reading

NY Attorney General Sends a Message: Re-Think Non-Compete Agreements

New York employers be warned – your non-compete agreements may be under attack. The office of the New York Attorney General (AG), Eric Schneiderman, has recently reached settlements with two different companies that require each one to suspend their practice of requiring incoming employees to sign non-compete agreements.  The settlements clearly send a signal that … Continue Reading

Third Circuit Affirms Employer’s Right To Provide Truthful Information In Response To Reference Request Without Liability To Former Employee

In a recent unpublished decision by the Third Circuit Court of Appeals, the Court affirmed the lower court and held that a former employee could not maintain legal claims against his former employer, based on truthful statements regarding his employment provided to two prospective employers.   In its ruling, the Court emphasized that an employer has … Continue Reading

“Cooperation is Key” – Second Circuit Affirms Employer’s Ability to Fire an Employee for Refusal to Cooperate In an Internal Investigation

In 2004, as then NY Attorney General Elliot Spitzer focused his efforts to root out fraud in an insurance brokerage giant, Marsh & McLennan, two Marsh executives, William Gilman and Edward McNenney, were caught in his crosshairs.  When asked by Marsh to cooperate with its internal investigation of the AG’s claims of ‘fixed’ or illegal … Continue Reading

The Defend Trade Secrets Act Signed into Law

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (DTSA), which overwhelmingly passed the U.S. Congress last month. The DTSA provides, for the first time, a federal civil private right of action for trade secret misappropriation, placing trade secrets on par with patents, copyrights, and trademarks, which are already protected … Continue Reading

The Fourth Circuit Court of Appeals Sets Precedent, Undermining Rationale For Anti-Transgender Legislation and Policies

On Tuesday, the Court of Appeals for the Fourth Circuit issued a 2-1 ruling in Grimm v. Gloucester County School Board, No. 15-2056, finding that a transgender student has the right to sue his school board under Title IX for discrimination after they barred him from using the restroom matching his gender identity. Title IX … Continue Reading

Illinois Medical Marijuana Law: What Employers Should Know

Currently, 23 states have enacted laws to legalize medical marijuana.  Medical marijuana laws are challenging for all employers, but particularly multistate employers, as employers must reconcile federal and varying state laws. In November 2015, medical marijuana dispensaries in Illinois began treating patients under Illinois’ Compassionate Use of Medical Cannabis Pilot Program Act (“Compassionate Use Act”).  … Continue Reading

Spotlight on Business Courts

Colleagues in the firm’s ligation group, Bill Gyves, Nick Panarella and Damon Suden, prepared an advisory – Spotlight on Business Courts – addressing the uptick in proposed rule changes intended to promote increased efficiency in resolving the kinds of complex business disputes that are heard in New York’s commercial courts. They also note that in … Continue Reading

New York Employers – Looking Backward and Forward.

Last year was a ‘big year’ in New York in terms of new employment laws, and 2016 is shaping up to be just as big – as employers come into compliance with the many new laws, and brace for additional changes to come. Among the most significant new laws are the series of statutes signed … Continue Reading

UPS Settlement Signals That Pregnant Workers Are Expecting Job Accommodations

Last week, UPS settled its long-running case with Peggy Young, the employee whose case went up to the Supreme Court after she was denied light duty.  As many will recall from an earlier blog post, the high court found that UPS’s policy of refusing light duty to pregnant employees violated the “Pregnancy Discrimination Act” (“PDA”).  … Continue Reading

The Duty of Loyalty Lives on in New Jersey

In an interesting decision affirming the ‘old-but-not-forgotten’ principle that an employee owes his first duty of loyalty to her employer, the New Jersey Supreme Court recently affirmed a decision allowing an employer to recover the salary it had paid to a disloyal employee, who coincidentally was also an attorney.  In Bruce Kaye v. Alan P. … Continue Reading

The City Commission Clarifies the “Fair Chance Act”

As previously reported, among the legislation passed this year under Mayor DeBlasio, New York City passed the “Fair Chance Act” (“FCA”), which severely restricts an employer’s ability to conduct criminal background checks on prospective employees. We first wrote about the Act when New York City banned the use of credit background checks, becoming the twelfth jurisdiction … Continue Reading

Kelley Drye to Host Complimentary CLE Seminar on LGBT Rights in the Workplace

On November 5, 2015, Kelley Drye will host an afternoon seminar at its New York office, addressing discrimination against LGBT individuals in the workplace. The seminar will be presented by Kelley Drye partners Barbara Hoey and Mark Konkel, joined by partner Anne Clark of Vladeck, Raskin & Clark, P.C, who will provide perspective from the … Continue Reading

The NY City Commission Speaks – Be Careful in Claiming an Exemption from the NY City “Credit Check Law”

With the New York City “Stop Credit Discrimination in Employment Act” now in effect (as of September 3, 2015), the City Commission has just released guidelines for some ambiguous points in the law. We first wrote about the Act in a post in April when New York City became the twelfth jurisdiction in the country to bar … Continue Reading

Paid Sick Leave Expands with President Obama’s Labor Day Executive Order

On Labor Day, President Obama signed an Executive Order (“Order”) forcing companies who contract with the federal government to provide paid sick leave to their employees. The Order tracks the language in many states’ paid sick and crime victim leave laws. For employers who currently contract with, or plan on contracting with, the federal government, … Continue Reading

Maine Cannot Ask Employees for Access to Social Media

Social media privacy legislation has seen a dramatic increase in interest in state legislatures recently.  In 2015 alone, at least 23 states have introduced or considered measures to restrict employers’ ability to track, access, or demand social media information from employees, and since 2012, 21 states enacted such legislation – Arkansas, California, Colorado, Connecticut, Illinois, … Continue Reading

California and Massachusetts Employers—Mark Your Calendars for July 1

On July 1, employers in California and Massachusetts (with few exceptions) must begin providing paid sick leave to their employees. California and Massachusetts will be joining Connecticut, the District of Columbia, New York City, and over 15 other cities throughout the country as jurisdictions to require paid sick days. While the California and Massachusetts laws … Continue Reading
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