Paula Lopez, April 25, 2024 Last week, the U.S. Supreme Court rendered a unanimous decision making it easier for employees to pursue Title VII claims against an employer for a forced transfer even though the employee’s rank and pay are unaffected. In Muldrow v. City of St. Louis, Missouri, the Court’s decision, written by Justice Elena Kagan, rejected the heightened standard followed by the U.S. Court of Appeals for the Eighth Circuit, as well as numerous other circuits, including the U.S. Court of Appeals for the Second Circuit,…
Paula Lopez, February 22, 2024 After vetoing a prior version of bill intended to protect freelancers in New York, on November 22, 2023, Governor Hochul signed into law Senate Bill 5026/Assembly Bill 6040 known as the Freelance Isn’t Free Act (the “Act”). The Act takes effect on May 20, 2024. The Act mirrors New York City’s 2017 Freelance Isn’t Free Act (N.Y.C. Administrative Code §§ 20-927 et seq.), which was the first law passed in the country for the protection of freelance workers. The Act aims to protect…
By: Paula Lopez, December 22, 2023 The New York City Council passed a “Workers’ Bill of Rights” bill, Int. No. 569-B on December 3, 2023. On December 4, 2023, the bill became law when it was returned unsigned by Mayor Adams without a veto. The law will go into effect on January 3, 2024. The law requires inter-agency cooperation in creating a “Worker’s Bill of Rights,” informing employees, prospective employees, and independent contractors working in New York City about their rights under federal, state and local law. The…
By: Paula Lopez, November 16, 2023 A California federal court in the case Lee Evans, et al v. Cardlytics, Inc., et al (Docket No. 23-cv-00606) ruled that Cardlytics, Inc., a company incorporated in Delaware with a headquarters in Atlanta, could not establish the existence of diversity jurisdiction in support of removal of an employment action from California state court to federal court. Two former employees of Cardlytics filed an action asserting claims for, inter alia, breach of contract, breach of implied covenant of good faith and fair dealing,…
Paula Lopez, July 10, 2017. New York City’s recently passed package of bills, referred to as “Fair Work Week” laws, impose significant scheduling and notice requirements on certain businesses operating in New York City. The laws will go into effect on November 26, 2017. Employers covered by this law include retail businesses and fast food establishments, which are known for subjecting employees to changing work schedules. A “fast food establishment” covered by the new law is defined in the same way as a “fast food establishment” subject to…
Paula Lopez, May 5, 2017. In a challenge by a New Jersey law firm and the National Employment Lawyers Association to N.J.A.C. 12:17-2.1, a 2015 regulation passed by the Department of Labor and Workforce defining employee conduct that renders him or her ineligible to receive unemployment benefits following termination, the New Jersey Appellate Division ruled that the Department’s attempt to define “simple misconduct,” and distinguish it from behavior amounting to “severe misconduct” and “gross misconduct,” is arbitrary and capricious and therefore invalid. A worker in New Jersey fired…
Paula Lopez, April 11, 2017. Last week, in McLane Co. Inc. v. Equal Employment Opportunity Commission, the U.S. Supreme Court ruled 7-1 to vacate a U.S. Court of Appeals for the Ninth Circuit’s decision that overturned a district court’s decision to quash subpoenas served by the Equal Employment Opportunity Commission (“EEOC”) in the course of investigating a sex discrimination charge filed by a terminated employee. The Court held that the Ninth Circuit had erred in applying “de novo” review, a more searching form of review, instead of the…
Paula Lopez, February 10, 2017. The Age Discrimination in Employment Act (ADEA) protects employees, age 40 and older, against age discrimination. The Third Circuit, in Karlo v. Pittsburgh Glass Works, 129 Fair Empl.Prac.Cas (BNA) 1461, split from the Second, Sixth and Eight Circuits by holding that employees over the age of 40 can make out a disparate impact claim under the ADEA by showing that an employer’s actions disproportionately impacted a subgroup of employees over 40, within a larger group of employees over 40 years of age, but younger…
Paula Lopez, November 22, 2016. On November 16, 2016, Mayor Bill de Blasio signed into law the “Freelance Isn’t Free Act,” which amends Title 10 of the N.Y.C. Administrative Code to provide certain protection to freelance workers. In passing this law, New York City is the first city in the country to enact legislation that affords protections to freelance workers. Proponents of the law note that independent contractors and freelance workers make up the fastest growing sector of the workforce and should have protections that ensure full and…