New York Sick Leave Law Takes Effect

October 12, 2020

As of September 30, 2020, employees throughout the Empire State can begin earning paid sick leave in accordance with the New York Sick Leave Law (“NYSLL”).  Under the NYSLL, employees accrue sick leave at a rate of one hour for every 30 hours worked and have the right to earn up to 56 hours of paid sick leave per year, depending on the income and size of their employer.   . Part- and full-time employees in New York may use this paid sick time to recover from illnesses, visit doctors,... [...]

Five Employment Law Questions Debate Moderators Should Ask the Candidates for Vice President

October 07, 2020

On Wednesday, October 7, 2020, Vice President Mike Pence and Senator Kamala Harris are scheduled to appear for their first and only debate of the election cycle. Given the advanced age of the presidential candidates, as well as President Trump’s recent positive test for COVID-19, the upcoming vice presidential debate has taken on increased significance of late. . While discussed often during the Democratic Primary debates, employment-related issues have received little attention in the... [...]

Court Strikes Down Department of Labor Rule Narrowing the Definition of “Joint Employer”

September 30, 2020

On September 8, 2020, the Honorable Gregory H. Woods of the Southern District of New York struck down a final rule (the “Rule”) issued earlier this year by the U.S. Department of Labor (“DOL”).  The Rule narrowed the definition of a vertical joint employer under the Fair Labor Standards Act (“FLSA”) to require that a company actually exercise control, as opposed to merely having the power to exercise control, over its workers.  . Specifically, the Rule stated that, while the... [...]

Gay Employee Can Sue Church for Hostile Work Environment says the 7th Circuit

September 01, 2020

On September 1, 2020, the U.S. Court of Appeals for the Seventh Circuit ruled 2-1 that the ministerial exception does not bar an employee from bringing hostile work environment claims linked to protected traits such as sexual orientation and health conditions.  . In the case at hand, Sandor Demkovich v. St. Andrew the Apostle Parish, Calumet City, Mr. Demkovich, a music director, brought claims against the Chicago archdiocese and the parish where he worked, alleging his supervisor at the... [...]

9th Circuit Rules Amazon Drivers Don’t Have to Arbitrate

August 19, 2020

On August 19, 2020, in a 2-1 decision, the 9th Circuit affirmed a Washington District Court’s decision rejecting Inc.’s plea to arbitrate wage claims brought by a class action of Amazon drivers alleging they were misclassified as independent contractors as opposed to employees. . The 9th Circuit found that the Amazon drivers were in fact transportation workers and according to Circuit Judge Milan D. Smith Jr., were “engaged in interstate commerce and thus exempt from the... [...]

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