Recent Articles

Job Applicants Asked for Facebook Passwords

Martha Zackin
March 21, 2012 19:19

News outlets are all a-twitter about the practice of some employers to ask applicants for their Facebook login and password information, so they can have a “look around” as part of the interview process. Click here and here for here, for sample stories. The ACLU has weighed in, with the...

EEOC Signals Renewed Focus on "Caregiver Responsibilities" Discrimination

Martha Zackin
March 20, 2012 23:24

“Caregiver responsibilities” is not a protected category under federal fair employment practice laws, meaning that it is not unlawful to discriminate against individuals with caregiving responsibilities.  Nevertheless, the EEOC has historically taken the position that such...

Revised ADA Standards for Accessible Design Go Into Effect

Martha Zackin
March 20, 2012 16:59

By Jillian M. Collins The Justice Department announced that the new ADA Standards for Accessible Design (“Standards”) went into effect last Thursday, March 15.  The Standards were adopted as part of the 2010 revisions to the ADA regulations.  The new requirements will provide...

The New York State Senate Passes Bill Eliminating the Annual Pay Notice Requirement Under the New Wage Theft Prevention Act

Martha Zackin
March 08, 2012 21:05

By Michael S. Arnold Quick update on the New York Wage Theft Prevention Act, which we reported about here, here and here. The New York Senate has passed a bill eliminating the requirement that employers provide their employees with an annual pay notice. The bill now goes to the New York State...

FEDERAL COURT REJECTS BID TO SCRAP THE NLRB'S RULE REQUIRING NON-UNION EMPLOYERS TO POST NOTICE OF UNIONIZATION RIGHTS

Martha Zackin
March 08, 2012 20:59

By Michael S. Arnold The NLRB’s new notice-posting requirement is one step closer to reality as the United States District Court for the District of Columbia has, in National Ass'n of Manufacturers v. National Labor Relations Board, dismissed a claim by various business groups claiming...

Leave of Absence as Reasonable Accommodation for Disability? It Depends.

Martha Zackin
February 29, 2012 15:31

We have written before about the EEOC’s position that inflexible leave of absence policies may violate the Americans with Disabilities Act.  For example, as discussed in a prior blog entry, in July 2011, the EEOC settled a lawsuit filed against Verizon and a number of its subsidiaries,...

Supreme Court Leaves Intact Decision Refusing to Extend the Fair Labor Standards Act's Anti-Retaliation Provision to Prospective Employees

Martha Zackin
February 22, 2012 15:43

By Michael S. Arnold The Supreme Court has refused to consider the issue of whether the Fair Labor Standards Act’s anti-retaliation provision applies to prospective employees. Its refusal leaves intact a Fourth Circuit Court of Appeals decision extending the FLSA anti-retaliation provision to...

Employee is Not "Substantially Limited" Under the ADA When He is Able to Work a 40-Hour Week But No Overtime.

Martha Zackin
February 15, 2012 16:55

By Joel M. Nolan Some people just can’t catch a break.  In recent years, this was certainly true of Michael Boitnott, an employee of Corning Incorporated.  Mr. Boitnott, a maintenance engineer, worked a schedule that was typical for similarly-situated co-workers, which included...

Religious Discrimination or Legitimate Business Decision? It Depends.

Martha Zackin
February 14, 2012 22:47

Anyone who works frequently with employment counsel has heard the words “it depends” – it (the answer to a question) depends on the specific facts and circumstances at issue, which should be analyzed and discussed before a course of action is determined.  Two recent cases...

Unpaid Intern: The Unpaid Employee?

Martha Zackin
February 10, 2012 15:39

Unpaid interns: They are as ubiquitous as taxis in New York and suntans in Los Angeles, especially in the entertainment, media, and fashion industries. Indeed, for many college students and graduates, unpaid internships represent a door to possible future employment in these competitive...