Labor Law

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New York City Law Protecting Freelance Workers Goes Into Effect on May 15, 2017

New York City Law Protecting Freelance Workers Goes Int...

A new New York City law covering freelance workers goes into effect on May 15, 2...

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New York Publishes Revised Proposed Regulations for Paid Family Leave

New York Publishes Revised Proposed Regulations for Pai...

Yesterday, May 24, 2017, the New York Workers’ Compensation Board (the “Board”) ...

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New York Court of Appeals Holds that Out-of-State Entities Can be Liable for Aiding and Abetting Discrimination Under the New York Human Rights Law

New York Court of Appeals Holds that Out-of-State Entit...

Out-of-state entities with the power to dictate a New York employer's hiring and...

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New York Sets Maximum Employee Contribution for Paid Family Leave

New York Sets Maximum Employee Contribution for Paid Fa...

The New York Paid Family Leave Law, which becomes effective January 1, 2018, wil...

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The United States Supreme Court Temporarily Approves Part of Trump's Travel Ban

The United States Supreme Court Temporarily Approves Pa...

On June 26, 2017, the final day of its judicial term before summer recess, the U...

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FAQs — The Things You Want (And Need) To Know About New York’s Paid Family Leave Law

FAQs — The Things You Want (And Need) To Know About New...

If you work in human resources anywhere in New York, you have inevitably heard a...

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Travel Ban Tweaked Again: U.S. District Court for the District of Hawaii Expands Definition of Close Familial Relationship to Include Grandparents and Others

Travel Ban Tweaked Again: U.S. District Court for the D...

As a result of an order issued by the U.S. District Court for the District of Ha...

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USCIS Moves Forward with Revised I-9 Employment Eligibility Form

USCIS Moves Forward with Revised I-9 Employment Eligibi...

Today, July 17, 2017, the United States Citizenship and Immigration Services (“U...

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Ready, Set, Go! New York Adopts Final Paid Family Leave Regulations

Ready, Set, Go! New York Adopts Final Paid Family Leave...

The New York Workers’ Compensation Board published its final regulations impleme...

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An Update on OSHA’s Electronic Injury and Illness Reporting Rules

An Update on OSHA’s Electronic Injury and Illness Repor...

We have received a number of questions about the current status of OSHA’s new el...

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U.S. Department of Labor Issues Request for Information on White Collar Exemption Regulations

U.S. Department of Labor Issues Request for Information...

Today, July 26, 2017, the U.S. Department of Labor (“USDOL”) published a Request...

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Paid Family Leave: Week 2 of Q&As

Paid Family Leave: Week 2 of Q&As

Welcome to Week 2 of Bond’s New York Paid Family Leave (“PFL”) Q&As.  Many of th...

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Paid Family Leave: Week 3 of Q&As

Paid Family Leave: Week 3 of Q&As

So here is Week 3 of Bond’s New York Paid Family Leave (“PFL”) Q&As.  This week ...

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Paid Family Leave: Week 4 of Q&As

Paid Family Leave: Week 4 of Q&As

The Q&As for this week focus on the application of PFL to higher education insti...

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"Extreme Vetting" Comes to Fruition as USCIS Plans to Interview Employment-Based

"Extreme Vetting" Comes to Fruition as USCIS Plans to I...

Last week, a spokesperson for the U.S. Citizenship and Immigration Services (USC...

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Administration Announces Plan to End DACA

Administration Announces Plan to End DACA

On September 5, 2017, Attorney General Jeff Sessions announced the Trump adminis...

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Revised EEO-1 Pay Reporting Requirements Suspended Until Further Review

Revised EEO-1 Pay Reporting Requirements Suspended Unti...

On August 29, 2017, the Office of Management and Budget (“OMB”) suspended the im...

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New York State Releases Waiver and Voluntary Coverage Forms

New York State Releases Waiver and Voluntary Coverage F...

The New York Workers’ Compensation Board recently released three key forms assoc...

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Travel Ban 3.0: Trump's New Proclamation Broadens Travel Ban, Provides Different Levels of Travel Restrictions

Travel Ban 3.0: Trump's New Proclamation Broadens Trave...

On September 24, 2017, President Trump issued a new Presidential Proclamation en...

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Help Us (and the Code) Help You! Helping Employees/Co-Workers in a Crisis

Help Us (and the Code) Help You! Helping Employees/Co-W...

In response to disasters such as hurricanes and earthquakes, the general communi...

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New York State Releases Paid Family Leave Certification Forms

New York State Releases Paid Family Leave Certification...

The New York State Workers’ Compensation Board (“WCB”) has just released the lon...

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Travel Ban 3.0: A No-Go (for now)

Travel Ban 3.0: A No-Go (for now)

Two federal judges have blocked President Trump’s third try at implementing a na...

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Reminder to NYC Employers: Law Prohibiting Inquiries About Compensation History Will take Effect on October 13

Reminder to NYC Employers: Law Prohibiting Inquiries Ab...

In blog posts on April 11 and May 10, we explained a piece of legislation that w...

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Albany County Joins the Growing Number of Jurisdictions Banning Inquiries on a Job Applicant’s Compensation History

Albany County Joins the Growing Number of Jurisdictions...

On October 10, 2017, the Albany County Legislature amended its County Human Righ...

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New York Proposes New “Call-In” Pay and Scheduling Requirements

New York Proposes New “Call-In” Pay and Scheduling Requ...

Employers in New York will be subject to new “call-in” pay and scheduling requir...

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NYC Passes Amendment to Earned Sick Time Act to Include “Safe Time” for Domestic Violence Victims

NYC Passes Amendment to Earned Sick Time Act to Include...

On November 6, 2017, New York City Mayor Bill de Blasio signed into law an amend...

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“Brute Reason” or Lack of Nuance: Seventh Circuit’s Twin Holdings That a Long Term Leave is Not a Reasonable Accommodation May Not Be a Panacea in Other Jurisdictions

“Brute Reason” or Lack of Nuance: Seventh Circuit’s Twi...

In one of his more pithy lines, Oscar Wilde wrote, “I can stand brute force, but...

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Reminder: New York Minimum Wage Rates and Salary Thresholds for the Executive and Administrative Exemptions Will Increase on December 31, 2017 - New York Labor and Employment Law Report

Reminder: New York Minimum Wage Rates and Salary Thresh...

Although the minimum wage rate under the Fair Labor Standards Act remains $7.25 ...

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Public Employees Will Soon Be Entitled to Paid Leave for All Types of Cancer Screenings

Public Employees Will Soon Be Entitled to Paid Leave fo...

On December 18, 2017, Governor Cuomo signed legislation that amended Civil Servi...

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USDOL Reissues 17 Opinion Letters That Were Withdrawn in 2009

USDOL Reissues 17 Opinion Letters That Were Withdrawn i...

On January 5, 2018, the U.S. Department of Labor’s Wage and Hour Division reissu...

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A Quick Summary of Recent NLRB Activity

A Quick Summary of Recent NLRB Activity

In December 2017, the National Labor Relations Board issued some significant dec...

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Late Start for Union Election Results in Rerun Election with Very Different Results

Late Start for Union Election Results in Rerun Election...

Early in February 2017, a group of drivers at the Bronx Lobster Place, a wholesa...

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#MeToo Meets the Internal Revenue Code

#MeToo Meets the Internal Revenue Code

The “Act to provide for reconciliation pursuant to titles II and V of the concur...

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Second Circuit Court of Appeals Rules That Title VII Prohibits Sexual Orientation Discrimination

Second Circuit Court of Appeals Rules That Title VII Pr...

Just this week, the U.S. Court of Appeals for the Second Circuit (which is the f...

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NLRB Vacates Recent Joint Employer Decision

NLRB Vacates Recent Joint Employer Decision

On February 26, 2018, the National Labor Relations Board issued an order vacatin...

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What's Going On With OSHA?

What's Going On With OSHA?

We hear that question pretty often from employers these days, and for good reaso...

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VEVRAA Hiring Benchmark Lowered for Federal Contractors

VEVRAA Hiring Benchmark Lowered for Federal Contractors

On March 30, 2018, the Office of Federal Contract Compliance Programs ("OFCCP") ...

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U.S. Supreme Court Rejects Narrow Construction of FLSA Exemptions - April 2018

U.S. Supreme Court Rejects Narrow Construction of FLSA ...

On April 2, the U.S. Supreme Court held, in Encino Motorcars, LLC v. Navarro, th...

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New Legislation Focused on Preventing Sexual Harassment Included in the 2019 New York State Budget

New Legislation Focused on Preventing Sexual Harassment...

The unveiling of New York State’s 2019 budget made it clear that the state has m...

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USDOL Releases New FLSA Guidance for Higher Education Institutions

USDOL Releases New FLSA Guidance for Higher Education I...

The U.S. Department of Labor just released a new “Fact Sheet,” targeted specific...

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Remember, Exhaustion of FMLA Leave is (Still) Not the End of the Road!

Remember, Exhaustion of FMLA Leave is (Still) Not the E...

Employers must remember that an employee’s exhaustion of his or her Family and M...

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An Epic Decision for Employers on Employment Class Action Waivers

An Epic Decision for Employers on Employment Class Acti...

As the end of the Supreme Court term in June approaches, Court-watchers watch th...

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From "Fair Share" to Simply "Unfair" for New York Public Employees

From "Fair Share" to Simply "Unfair" for New York Publi...

Mark Janus, an Illinois child welfare worker, decided not to join the American F...

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The Supreme Court Rules That Requiring Non-Members to Pay Agency Fees to Public Sector Unions is Unconstitutional

The Supreme Court Rules That Requiring Non-Members to P...

On June 27, 2018, the Supreme Court struck down mandatory “agency” or “fair shar...

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What is "Employment" in the Gig Economy?

What is "Employment" in the Gig Economy?

The task-based business model of the gig economy is transformative in every indu...

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Legal Risks Associated With a Retirement Plan's "Missing Participants"

Legal Risks Associated With a Retirement Plan's "Missin...

Administrators of qualified retirement plans have always had to deal with the pr...

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Crime and Punishment: Using Criminal Histories, Arrest Records, and Background Checks in Employment

Crime and Punishment: Using Criminal Histories, Arrest ...

Every employer wants to promote and sustain a safe workplace.  One way in which ...

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As the Fall Semester Gets Underway, Colleges and Universities Should Remind Nonimmigrant Students and Exchange Visitors of New Unlawful Presence Policy to be Implemented by USCIS Beginning August 9, 2018

As the Fall Semester Gets Underway, Colleges and Univer...

August 9, 2018, the effective date of U.S. Citizenship and Immigration Services'...

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VERY LATE BREAKING NEWS: USCIS Issues Revised Final Guidance on Unlawful Presence for Nonimmigrant Students and Exchange Visitors

VERY LATE BREAKING NEWS: USCIS Issues Revised Final Gui...

As you know from the August 2, 2018 Higher Education Law Report, the U.S. Citize...

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Dr. Dolittle and the Faithless Servant Doctrine in 2018 (So Far)

Dr. Dolittle and the Faithless Servant Doctrine in 2018...

In his iconic book, The Story of Doctor Dolittle, children’s author Hugh Lofting...

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OSHA Issues Proposed Rule on Electronic Recordkeeping Requirements

OSHA Issues Proposed Rule on Electronic Recordkeeping R...

The Occupational Safety and Health Administration has issued a Notice of Propose...

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OFCCP Issues Two New Directives

OFCCP Issues Two New Directives

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (O...

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New York Issues Proposed Model Sexual Harassment Policy and Training Guidelines

New York Issues Proposed Model Sexual Harassment Policy...

The New York State Department of Labor and Division of Human Rights issued a pro...

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New York City Employers Beware: New Posting and Training Requirements on Sexual Harassment Will Soon Take Effect

New York City Employers Beware: New Posting and Trainin...

There has recently been a lot of talk about New York State’s new sexual harassme...

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New York Appellate Court Confirms the Expansive Scope of the New York City Anti-Harassment Law

New York Appellate Court Confirms the Expansive Scope o...

A recent decision from the New York Appellate Division is a clarion call to empl...

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Labor Class Civil Service Employees Afforded Job Protection

Labor Class Civil Service Employees Afforded Job Protec...

On September 7, 2018, Governor Cuomo signed legislation that amended Civil Servi...

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New York Issues Final Model Sexual Harassment Policy and Training Guidelines

New York Issues Final Model Sexual Harassment Policy an...

On October 1, the New York State Division of Human Rights issued its final model...

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The First Department Appellate Division Adopts An Expanded Definition of Marital Status Discrimination Under the New York City Human Rights Law

The First Department Appellate Division Adopts An Expan...

In 1980, the New York Court of Appeals (the highest court in New York) held that...

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Ban the Box: Westchester County Passes Legislation Prohibiting Conviction History Questions on Job Applications

Ban the Box: Westchester County Passes Legislation Proh...

Following the trend of other counties and municipalities throughout New York Sta...

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Employers May Be Liable for the Release of Employees' Personally Identifying Information in Data Breaches

Employers May Be Liable for the Release of Employees' P...

It seems that reports of hackers breaching a business’s security measures to obt...

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Reminder: New York Minimum Wage Rates and Salary Thresholds for the Executive and Administrative Exemptions Will Increase on December 31, 2018

Reminder: New York Minimum Wage Rates and Salary Thresh...

Although the minimum wage rate under the Fair Labor Standards Act remains $7.25 ...

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System-Wide SUNY Policy Will Require All SUNY Campuses to Develop a Sexual and Romantic Relationship Policy by March 1, 2019

System-Wide SUNY Policy Will Require All SUNY Campuses ...

On October 9, 2018, the State University of New York (“SUNY”) Board of Trustees ...

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New York Passes GENDA: Discrimination Now Prohibited Based on Gender Identity or Expression

New York Passes GENDA: Discrimination Now Prohibited Ba...

On January 15, 2019, the New York legislature passed the Gender Expression Non-D...

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Gregory Reilly, Aisling McAllister, and Samuel Dobre Join Bond in New York City

Gregory Reilly, Aisling McAllister, and Samuel Dobre Jo...

Bond, Schoeneck & King is pleased to announce that Gregory B. Reilly, Aisling M....

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Recent NLRB Decision Restricts the Scope of Protected Concerted Activities Under the National Labor Relations Act

Recent NLRB Decision Restricts the Scope of Protected C...

On January 11, 2019, in Alstate Maintenance, LLC, the National Labor Relations B...

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Bond Attorneys Author the New York Employment Law Guide for Chambers USA© 2019 Regional Employment Publication

Bond Attorneys Author the New York Employment Law Guide...

The USA: Regional Employment Guide provides in-depth legal commentary on key iss...

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EEO-1 Reporting Deadline Extended

EEO-1 Reporting Deadline Extended

The U.S. Equal Employment Opportunity Commission announced Friday in a press rel...

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NLRB Eases Burden of Demonstrating Independent Contractor Status by Overruling Prior Decision

NLRB Eases Burden of Demonstrating Independent Contract...

On January 25, 2019, the National Labor Relations Board issued a decision clarif...

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How Do Vacation and Sick Leave Buy-Back Programs Affect the Calculation of the Regular Rate for Overtime Purposes?

How Do Vacation and Sick Leave Buy-Back Programs Affect...

Employers who provide sick leave and vacation leave time may also have a policy ...

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Second Circuit Court of Appeals Holds That Cosmetology Students at a For-Profit Cosmetology Training School Were Not Employees Under the Fair Labor Standards Act or New York Labor Law

Second Circuit Court of Appeals Holds That Cosmetology ...

On February 5, 2019, the Second Circuit Court of Appeals held that students at a...

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New York State Department of Labor Drops Proposal Regarding Call-In Pay . . . For Now

New York State Department of Labor Drops Proposal Regar...

The New York State Department of Labor announced recently that it does not inten...

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An Old "SNL" Skit, A New Court Decision, and How Rumors Can Lead to Sexual Harassment Liability

An Old "SNL" Skit, A New Court Decision, and How Rumors...

For those of you old enough to remember (and young enough to search YouTube), wh...

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USDOL Issues Proposed Regulations to Increase the Salary Level to Qualify for the White Collar Exemptions

USDOL Issues Proposed Regulations to Increase the Salar...

On March 7, 2019, the U.S. Department of Labor issued proposed regulations that ...

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New York Court of Appeals Issues Decision Addressing Public Access to Police Personnel and Disciplinary Records

New York Court of Appeals Issues Decision Addressing Pu...

On December 11, 2018, the New York Court of Appeals issued a decision (over two ...

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New York's Highest Court Upholds "13 Hour Rule" for Home Health Aides Working 24-Hour Shifts

New York's Highest Court Upholds "13 Hour Rule" for Hom...

On March 26, 2019, the New York State Court of Appeals issued a ruling that will...

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New York Amends Law Regarding Employee Paid Time Off to Vote

New York Amends Law Regarding Employee Paid Time Off to...

In the early morning hours of April 1, 2019, New York State passed its new yearl...

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The U.S. Department of Labor Issues New Proposed Regulations on Joint Employer Status

The U.S. Department of Labor Issues New Proposed Regula...

On April 1, 2019, the Wage and Hour Division of the U.S. Department of Labor ("D...

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A Higher Hurdle Imposed for ADA Plaintiffs in the Second Circuit

A Higher Hurdle Imposed for ADA Plaintiffs in the Secon...

It just became a bit more difficult for plaintiffs within the jurisdiction of th...

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USDOL Announces Technical Updates to NLRA Poster Under Executive Order 13496

USDOL Announces Technical Updates to NLRA Poster Under ...

The U.S. Department of Labor ("USDOL") announced it has made technical changes t...

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U.S. Supreme Court Rules That Title VII's Requirement to File an EEOC Charge Before Commencing a Federal Court Lawsuit is Not a Jurisdictional Rule

U.S. Supreme Court Rules That Title VII's Requirement t...

On June 3, 2019, the United States Supreme Court unanimously ruled in the case o...

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NLRB Holds That Employers May Prohibit Non-Employee Union Organizers From Soliciting Employees in the Public Spaces of Their Facilities

NLRB Holds That Employers May Prohibit Non-Employee Uni...

On June 14, 2019, the National Labor Relations Board ("NLRB" or the "Board") iss...

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New York Legislature Passes Significant Amendments to the New York Human Rights Law

New York Legislature Passes Significant Amendments to t...

On June 19, 2019, the New York State Assembly and Senate passed legislation that...

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Bond Launches Sexual and Other Harassment Training Program

Bond Launches Sexual and Other Harassment Training Program

New York State has mandated that sexual harassment training be conducted for all...

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New York Prohibits Salary History Inquiries and Expands Equal Pay Claims

New York Prohibits Salary History Inquiries and Expands...

Yesterday morning, moments ahead of the parade in New York City to celebrate the...

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Employment Law Through the Philosophy of a Martial Arts Practitioner

Employment Law Through the Philosophy of a Martial Arts...

The other night I found myself in a Brazilian Jiu-jitsu class with a 250-pound m...

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Federal Court Holds That New York Law Prohibiting Mandatory Arbitration of Sexual Harassment Claims Is Invalid

Federal Court Holds That New York Law Prohibiting Manda...

In 2018, Governor Cuomo signed a State Budget bill that included various provisi...

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New York Amends the Human Rights Law to Prohibit Discrimination Based on Traits Historically Associated With Race (Such As Hair Texture and Protective Hairstyles)

New York Amends the Human Rights Law to Prohibit Discri...

On July 12, Governor Cuomo signed a bill amending the New York Human Rights Law ...

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New Federal Pay Equity Reporting Imposed by EEOC -- Bond Webinar to Unpack the Requirements and Obligations

New Federal Pay Equity Reporting Imposed by EEOC -- Bon...

On July 15, 2019, the EEOC issued the final protocols for enhanced EEO-1 reporti...

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Recent New York Legislation Prohibits Employers From Threatening to Report an Employee's Suspected Immigration Status in Retaliation for Labor Law Complaints

Recent New York Legislation Prohibits Employers From Th...

New York has for many years had a law on the books that prohibits employers from...

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The Sound of Silence: Seventh Circuit Holds That Undocumented Misconduct is Still Misconduct

The Sound of Silence: Seventh Circuit Holds That Undocu...

If you’ve had occasion to converse with a management-side employment lawyer (and...

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Governor Cuomo Signs Bill Amending the Human Rights Law

Governor Cuomo Signs Bill Amending the Human Rights Law

On August 12, 2019, Governor Cuomo signed the legislation that was passed by the...

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The NLRB Publishes Proposed Rules Amending Procedures in Representation Cases

The NLRB Publishes Proposed Rules Amending Procedures i...

On August 12, 2019, the National Labor Relations Board (“NLRB” or the “Board”) p...

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New York Increases Employment Protections for Victims of Domestic Violence

New York Increases Employment Protections for Victims o...

On August 20, 2019, Governor Andrew Cuomo signed an amendment to the New York Hu...

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NLRB Adopts Employer-Friendly "Contract Coverage" Standard for Determining Whether Unilateral Changes Violate the NLRA

NLRB Adopts Employer-Friendly "Contract Coverage" Stand...

On September 10, 2019, the National Labor Relations Board issued a favorable dec...

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USDOL Issues Final Regulations to Increase the Salary Level to Qualify for the White Collar Exemptions

USDOL Issues Final Regulations to Increase the Salary L...

On September 27, 2019, the U.S. Department of Labor published its final regulati...

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Proposed Rule Would Preclude Undergraduate and Graduate Students from Union Organizing

Proposed Rule Would Preclude Undergraduate and Graduate...

On September 23, 2019, the National Labor Relations Board (NLRB) published a Not...

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STEM OPT Site Visits – Why ICE Is Knocking On Your Door Now

STEM OPT Site Visits – Why ICE Is Knocking On Your Door...

U.S. Immigration and Customs Enforcement’s (“ICE”) latest compliance activity in...

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The New Class Action Risk: Gift Cards Without Braille

The New Class Action Risk: Gift Cards Without Braille

There has been a very recent wave of class action lawsuits against restaurants, ...

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