On December 5, 2023, the Supreme Court of the United States vacated a case over whether a self-proclaimed “tester” had standing to bring Americans with Disabilities Act (ADA) claims against a hotel that she did not plan to visit, finding the case was moot without addressing the highly-anticipated standing issue.
Archives for December 6, 2023
New York Expands Restrictions on Nondisclosure Agreements Related to Discrimination, Harassment, and Retaliation Claims
New York State recently enacted laws to further restrict the use of nondisclosure agreements in connection with resolution of employment discrimination, harassment, and retaliation claims and extend the statute of limitations to file complaints with the state enforcement agency. The laws are aimed at providing additional protections to those claiming
NCAA Proposes Classifying Certain NCAA Student Athletes as Employees
By: NCAA Proposes Classifying Certain NCAA Student Athletes as Employees
The National Labor Relations Board (NLRB) has been pushing hard to turn certain Division I college-level student-athletes into employees, at least for purposes of organizing and collective bargaining rights under the National Labor Relations Act. This year:
Region 31 of
Holiday Hotline: Workplace Holiday Parties
For many, December is a joyful time of year, full of parties, dinners, and decorations. Yet those same festivities make December a busy time of year for us at Shaw Law Group, as we field all kinds of holiday-season-related questions from our clients. This year, we’ll share some of those questions with our faithful blog readers in a December series we’re calling the “Holiday Hotline”! Today, we’ll tackle a few questions about workplace holiday parties…
Richard Greenberg, Daniel Jacobs, Henry Shapiro, Christopher Valentino and Kevin Murray Author “New York Laws Affect Freelancer Protections and Discrimination Claims”
Richard Greenberg, Daniel Jacobs, Henry Shapiro, Christopher Valentino and Kevin Murray author “New York Laws Affect Freelancer Protections and Discrimination Claims,” published by SHRM.
Fatherhood and the Law—Being Present and Maintaining a Presence Podcast: Two-Part Series
A more inclusive workplace culture is evolving to support parents in creating fulfilling and sustainable careers while being present for their families. Fathers have been perceived historically as having less interest in both career achievement and parenting, however, employers acknowledge parents’ of all genders face challenges providing for their families, while simultaneously being involved in their children’s day-to-day lives.
Scott Green Speaks With Construction Dive on Rising Unfair Labor Practice Charges
Partner and vice chair of the firm’s Employment and Labor practice group, Scott R. Green, sat down with Construction Dive to discuss the recent increase in charges of unfair labor practices and what contractors should keep in mind. According to the National Labor Relations Board (NLRB), unfair labor practices charges are up 10% and union petitions are up 3% in the 2023 fiscal year.
New York Employers Now Face Yet Another Change in their Ability to Obtain Confidentiality and Enforcement of Nondisparagement Provisions in Separation Agreements or Settlement Agreements
Executive Summary: New York employers who use separation agreements or settle claims of harassment, discrimination, or retaliation must ensure they comply with a new amendment to Section 5-336 of the New York General Obligations Law.
[Podcast] Workers By The Numbers #13: Analyzing The October Jobs and Unemployment Report with Aaron Sojourner and Teresa Ghilarducci
Alicia Modestino, Associate Professor at Northeastern University, hosts this month’s Workers by the Numbers Blogcast. Listen to her in conversation with Aaron Sojourner, Senior Researcher at the W.E. Upjohn Institute, and Teresa Ghilarducci, Professor of Economics and Policy Analysis at the New School, as they discuss the Bureau of
Changing Practices in Response to Minnesota’s Noncompete Ban
Minnesota enacted a ban on noncompete agreements for employees. Nonsolicitation agreements are another tool employers can use.
Help Remote Workers Become More Engaged
Train managers to hold remote workers just as accountable as onsite employees and ensure employers are listening to workers’ concerns.
More Than $1M in Damages Upheld for Violation of Agreements
A former employee was ordered to pay $1.7 million to his former employer. The 1st U.S. Circuit Court of Appeals found that the ex-employee had breached his employment contract with the former employer.
Practical Ways to Reduce Workplace Theft
Workplace theft comes in many forms and is hard to stop, but employers can reduce it by taking a wide range of proactive steps, running surveillance as allowed by the law and conducting prompt investigations.
Pilots and EEOC Reach Settlement with Frontier Airlines over Lactation and Pregnancy Policies
DENVER – Five pilots and the U.S. Equal Employment Opportunity Commission (EEOC) have reached a settlement with Denver-based Frontier Airlines resolving EEOC charges filed in May 2018 and a lawsuit filed in December 2019 alleging that Frontier discriminates against pregnant and lactating employees. As part of the settlement, which does
Nominate your company to be a Top Workplace in 2024
Is your employer exemplary? Nominate it for The Washington Post’s 2024 Top Workplaces awards.