By: Megan J. Muoio, March 7, 2016 Currently pending before the Supreme Court is Green v. Brennan, a case from the U.S. Court of Appeals for the Tenth Circuit that involves the question of when 45-day period to file a claim of constructive discharge as a result of racial discrimination begins to run. The case was argued before the Supreme Court on November 30, 2016. A decision is expected sometime this spring. The appellant Marvin Green was employed by the United States Postal Service as the postmaster…

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Diana Uhimov, February 23, 2016 The Compassionate Care Act (CCA) was signed into law in New York in 2014, making New York the 23rd state in the U.S. to legalize medical marijuana.  The CCA regulates the manufacture, sale and use of medical marijuana in New York.  Under the Act, certified patients are allowed to use marijuana for treatment of a “serious condition” so long as the treatment is prescribed by a certified physician.  Additionally, the CCA establishes employment regulations for medical marijuana use, including the creation of new…

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By: Megan J. Muoio, November 25, 2015 On October 21, 2015, the Second Circuit Court of Appeals upheld a decision by the National Labor Relations Board (NLRB) finding that two employees were improperly fired because of negative discussion of their employer on the social media site Facebook. The employees were non-union employees at the Triple Play Sports Bar and Grille located in Watertown, Connecticut. In the case before the NLRB, Three D, LLC (Triple Play) was found to have illegally fired two employees in connection with Facebook complaints…

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  By: Megan J. Muoio, August 26, 2015 On August 17, 2015, the National Labor Relations Board issued a decision reversing the March 26, 2014 decision of NLRB Regional Director Peter Sung Ohr, which found that Northwestern University scholarship football players are employees as defined by the National Labor Relations Act. Eighteen months after the decision by the Regional Director, the NLRB dealt a blow to the Northwestern players’ quest to unionize and be recognized as employees under the National Labor Relations Act. Northwestern University is one of…

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  By: Megan J. Muoio, July 24, 2015 On July 16, 2015, the U.S. Equal Employment Opportunity Commission (EEOC) issued a decision affirming that it considers sexual orientation to be covered by Title VII of the Civil Rights Act of 1964’s prohibitions against discrimination on the basis of sex. The decision, which was made 3-2 in an appeal brought by an employee of the Federal Aviation Administration who claimed that he was denied a promotion because he was gay, sets up a conflict between the EEOC and certain…

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Paula Lopez, July 6, 2015. On Friday, June 26, 2015, the U.S. Supreme Court ruled in a 5-4 decision written by Justice Anthony Kennedy (and joined by Justices Ginsburg, Sotomayor, Kagan and Breyer) that the right to marry is a fundamental right protected by the Fourteenth Amendment. The Supreme Court’s decision in Obergefell et al. v. Hodges, et al. means that all states are required to license a marriage between couples of the same sex and to recognize out of state same-sex marriages. The Supreme Court’s decision reversed…

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Paula Lopez, June 5, 2015. On Monday, the U.S. Supreme Court issued its decision in the case EEOC v. Abercrombie & Fitch Stores,  Inc., reversing the Tenth Circuit Court of Appeal’s decision holding that Abercrombie could not be held liable on a religious discrimination claim for failure to accommodate.  In an 8-1 decision reversing a decision of the Tenth Circuit Court of Appeals, the U.S. Supreme Court made it clear that Title VII requires employers to make efforts to accommodate an applicant or employee’s “religious observance and practice”…

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By: Megan J. Muoio, May 29, 2015 The issue of the minimum wage – whether it should be increased, how, and whether increases should be centered on workers in specific industries – has been in the news lately.  In this blog post, several recent developments in the area of the minimum wage in California, New York, and New Jersey will be discussed. A New Minimum Wage for California? In California, a state-wide ballot measure aims to increase the minimum wage to $15 by 2021. The ballot measure is…

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Paula Lopez, May 12, 2015. On May 6, 2015, Mayor Bill De Blasio signed into law Bill A-261A, which amends the New York City Human Rights Law (NYC HRL) to prohibit employers, labor organizations and employment agencies from conducting credit checks as part of their hiring process and from discriminating against an applicant or employee based on credit history.  Although the new law provides for certain exemptions where employers are permitted to request and rely on credit-related information, the exemptions are limited. Employers with four or more employees…

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By: Megan J. Muoio, May 4, 2015 On Wednesday, April 29, 2015, the Supreme Court issued a decision in Mach Mining LLC v. Equal Employment Opportunity Commission, which was argued before the Court in January 2015. The unanimous decision, written by Justice Kagan, was a win for the Equal Employment Opportunity Commission (EEOC) in its efforts to bring litigation after engaging in conciliation with employers and permitted federal courts a narrow review of the conciliation process. A woman filed a charge of discrimination in violation of Title VII…

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