Published: October 4, 2018

According to a new amendment to New York City Human Rights Law (NYCHRL) that goes into effect Oct. 15, 2018, NYC employers must engage in cooperative dialogue and issue a written determination every time an employee requests a reasonable accommodation in the workplace.  

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Published: September 20, 2018

On Sept. 18, 2018, the Ninth Circuit Court of Appeals, in an en banc ruling, reversed the district courts' dismissals of various actions under the Fair Labor Standards Act ("FLSA") concerning tip credits and wages for servers and bartenders. See Marsh v. J. Alexander's LLC, No. 15-15791 (9th Cir. Sept. 18, 2018).

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Published: September 19, 2018

In August of 2017, the U.S. District Court for the District of Connecticut made news when it ruled that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire someone who uses medical marijuana.  Now court has entered summary judgment in the same case in favor of the plaintiff, finding that a federal contractor discriminated against a job applicant in violation of Connecticut’s Palliative Use of Marijuana Act ("PUMA") by refusing to hire a medical marijuana user.  

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Published: August 30, 2018

On Aug. 24, 2018, the U.S. Court of Appeals for the Seventh Circuit reversed and remanded the district court's decision in favor of the employee in the case of Linda Rowlands v. United Parcel Service-Fort Wayne, No. 17-3281 (7th Cir. Aug. 24, 2018).  Among other things, the Seventh Circuit held that the ex-employee presented enough evidence for a jury to decide whether United Parcel Service (UPS) illegally ignored her request for a disability accommodation and wrongly terminated her for seeking that accommodation.

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Published: August 29, 2018

As discussed in a prior blog, the State of New York passed anti-sexual harassment legislation earlier this year that expanded coverage of the non-discrimination law to non-employees (e.g., contractors, vendors, consultants) and prohibited things such as mandatory arbitration of sexual harassment claims and non-disclosure provisions in settlement agreements for sexual harassment claims.

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Published: August 23, 2018

Last week, the Court of Appeals for the Eighth Circuit revived an employee's challenge that the employer failed to re-employ him when he returned from protected leave.  

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Published: August 15, 2018

A New Jersey federal judge recently held that an employer did not discriminate against an employee on the basis of a disability when it refused to waive a drug testing requirement as an accommodation for the employee’s medical marijuana use.

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Published: August 10, 2018

On August 1, 2018, Massachusetts legislators passed a bill that would require employers to provide garden leave when enforcing non-compete agreements with former employees. Garden leave is a concept that keeps former employees on the payroll to prevent them from working for competitors during a restricted period.

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