The New York Department of Labor (NYDOL) is reportedly taking an unusually long amount of time to determine whether Uber drivers who lose their ability to drive for Uber may collect unemployment insurance benefits. This issue relates to the class action lawsuit against Uber which we have previously written about. …
The New Jersey Supreme Court recently held that an employer may not require an employee to agree to shorten the amount of time he has to bring a claim against the employer for violations of New Jersey’s Law Against Discrimination (LAD). In the case, the employer had included language in…
In recent years, lawmakers have debated whether to prohibit employers from asking about criminal history on job applications. Those who want to prohibit questions about criminal history in job applications have used the slogan “Ban the Box” because they want employers to remove “yes” or “no” checkbox questions about criminal…
The Center for Work Life Law recently published a study on litigation trends in family responsibility discrimination cases which found a dramatic increase in such claims. Family responsibility discrimination occurs when an employer discriminates against an employee because s/he has family caregiving responsibilities, such as caring for newborn children, elderly…
The New York Attorney General recently filed a lawsuit against Domino’s Pizza, Inc. for wage theft. This lawsuit is noteworthy for many reasons but perhaps the most noteworthy is that Domino’s argues that it does not employ the workers whose wages were allegedly stolen. Instead, Domino’s claims that its franchise…
The U.S. Department of Labor recently enacted new regulations that will increase the number of workers eligible to receive overtime pay when they work more than 40 hours in a week. Under the new regulations, among other changes, employees that earn less than $47,476 per year must receive overtime pay—under…
Yesterday, the U.S. First Circuit Court of Appeals in Boston breathed new life into a worker’s sexual harassment and retaliation case. The worker, Xiaoyan Tang, represented herself before the trial court. She claimed that the defendants, which included Citizens Bank and related entities, subjected her to unlawful sexual harassment and…
In Maine, like many other states, there is a growing concern about a “brain drain” caused by retiring state employees. Roughly a quarter of IT workers working for Maine state government will be eligible for retirement in the next two years. According to Jim Smith, Maine’s Chief Information Officer, “about…
The U.S. Department of Labor’s Wage and Hour Division (DOL WHD) recently updated its Employer’s Guide to the Family and Medical Leave Act (FMLA). DOL WHD produced this Guide “in an effort to increase public awareness of the FMLA and of the various [DOL] resources and services available to the…
Last week, a settlement was announced in the class action lawsuit against Uber covering its drivers in California and Massachusetts. The lawsuit centered around the issue of whether the law required Uber to classify its drivers as employees instead of independent contractors. Uber and the law firm representing the drivers…