In a decision handed down last week, the Second Circuit reaffirmed its long-standing holding that a “paramour preference” — a situation where a supervisor shows favoritism towards one employee over another due to the existence of a romantic relationship between the supervisor and the favored employee — does not give rise to claims for sexual discrimination under either Title VII of the Civil Rights Act of 1964 or the New York State Human Rights Law. Moreover, the court also held that retaliatory acts allegedly taken in response to complaints about the existence of such a paramour relationship were similarly not actionable.
Waiver of Right to Sue Third Parties for Injuries Covered by Workers’ Compensation Upheld
On April 25, 2013, the Pennsylvania Supreme Court ruled in Bowman v. Sunoco, Inc. that a waiver of a right to sue third parties for injuries covered by workers’ compensation — signed as a condition of employment — bars a negligence lawsuit against the employer’s customers.
Life, Health, Disability and ERISA
Life, Health, Disability, and ERISA – a summary of decisions from across the country concerning life, health, and disability policies, including those governed by ERISA.
Second Circuit Reverses NLRB and Clarifies Employer Duty to Provide Financial Information During Bargaining
On March 28, 2013, the United States Court of Appeals for the Second Circuit issued a decision in SDBC Holdings Inc. f/k/a Stella D’oro Biscuit Co., Inc. v. NLRB which held that an employer is not obligated to provide a union with copies of a financial statement, unless, it takes the position during bargaining that it is unable to pay any increased wages. This ruling is highly critical of the reasoning used by the National Labor Relations Board (NLRB). It is an important decision for employers in this circuit on the subject of an employer’s duty to provide financial information and on the subject of impasse and implementation of the final offer.
New Pension Ruling Is Good News for Municipal Employers
The New York State Court of Appeals had good news for municipal employers in the state when it clarified a provision of the 2009 law that created a contributory tier for newly hired police and firefighters in the state. In two decisions issued on April 2 of this year the New York State Court of Appeals ruled that police officers and firefighters hired after January 1, 2010, must make contributions toward their pensions — even if the language of the applicable collective bargaining agreements states that employees are not required to contribute toward their pensions.
Major Victory for Personal Injury Defendants Adds Leverage for Workers’ Comp Defense
In a recent decision with profound implications for defending workers’ compensation claims in New York, the Court of Appeals reversed the First Department and held that the doctrine of collateral estoppel bars a plaintiff from litigating duration of disability in New York State Supreme Court when the plaintiff previously litigated the same issue to a full and final decision as a claimant in a corresponding matter before the Workers’ Compensation Board (WCB).
Government Issues New Form I-9 and FMLA Materials
On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) published revised Employment Eligibility Verification Form I-9 (Rev. 03/08/13)N. According to the USCIS website, “improvements to Form I-9 include new fields, reformatting to reduce errors, and clearer instructions to both employees and employers.” The most noticeable change for employers will likely be the length of the actual Form I-9 that must be completed by the employer and employee, which has increased from one page to two pages.
Boys Gone Wild: Rough Horseplay Can Be Same-Sex Sexual Harassment
A recent federal court decision provides a useful reminder that abusive and offensive behavior that is targeted at employees of one gender can amount to unlawful sexual harassment. The particular behavior involved in this case was specifically “sexual” in nature, but the court’s decision makes it clear that even behavior with no sexual content can be sexual harassment if it is directed only at males or only at females.
March Madness Concerns for Employers
Brace yourselves, employers: March Madness is upon us. The 2013 National Collegiate Athletic Association (NCAA) Men’s Division I Basketball Championship Tournament will start with play-in games on Tuesday, March 19, 2013, and conclude with the Championship Game on Monday, April 8, 2013 in Atlanta, Georgia. During the tournament’s three weeks, the United States economy will lose an estimated $1.8 billion in productivity as employees watch early round games, participate in office pools, and discuss the outcomes with co-workers. (Fantasy sports activity in the work place has become an even more widespread issue, as Goldberg Segalla’s Seth L. Laver and Michael P. Luongo explained in an article titled “Fantasy Sports: A Real Game-Changer for Employers.”)
“Ban the Box” Bill Introduced in New Jersey Senate
A bill was recently introduced in the New Jersey Senate that would significantly restrict an employer’s ability to ask about and consider a current or future employee’s criminal history in the employment process. Bill No. S.2586, also known as the Opportunity to Compete Act (OCA) or “Ban the Box” bill, would prohibit private and public New Jersey employers from directly or indirectly inquiring about a candidate’s criminal history until after a “conditional offer of employment” has been made.
Employee Notification Requirement Under Affordable Care Act
With 2013 in full swing, now is an excellent time to begin preparing for the changes that will take place as a result of the Affordable Care Act. Although most of these changes are set to take place in 2014, there is one important change that is right around the corner. Beginning on March 1, 2013, all employers with 50 or more full-time employees will be required to provide each employee at the time of hiring ‘ or, with respect to current employees, not later than March 1, 2013’ with written notice, in plain language, of certain provisions of the Affordable Care Act, including
Governor Cuomo’s Proposed Workers’ Compensation Reform Garners Praise, But Raises Questions
In a rare twist, New York Governor Andrew Cuomo’s recent proposed changes to workers’ compensation in New York have earned praise from both the business side and the labor side.
Hospital’s Motion to Dismiss Religious Discrimination Claim Denied When Vegan Employee Refuses Mandatory Flu Shot
Many health care providers mandate certain types of shots or inoculations for their employees to reduce the risk of the spread of serious illnesses such as the flu. Hospitals and long-term care providers have increasingly taken a hard line when employees have refused to get vaccinated because some of their licensing standards require certain vaccinations. For other health care providers, it is viewed as a best practice to reduce the spread of illness and disease among the infirm and elderly. However, as some recent cases illustrate, employers need to exercise caution in taking an adverse employment action when an employee refuses to get vaccinated. For example, if an employee cannot have a flu shot or other inoculation due to a disability, this will likely preclude an employer from taking an adverse employment action against the employee.
Eighth Circuit Court of Appeals Puts Damper on First Anniversary of D.R. Horton Decision
This month represents the first anniversary of the controversial decision by the National Labor Relations Board (NLRB) in D.R. Horton, Inc. In D.R. Horton, the NLRB ruled that D.R. Horton, a nationwide homebuilder, violated Section 8(a)(1) of the National Labor Relations Act (NLRA) by requiring employees to sign agreements that: 1) contained a mandatory arbitration provision; and 2) required them to bring all employment-related claims to an arbitrator on an individual basis, as opposed to as a potential class action.
Hiring Discrimination: An EEOC Focal Point in 2013 and Beyond
On December 17, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) approved its strategic enforcement plan for 2013-2016. That plan identified the EEOC’s priorities and intended focus over the next few years. Topping that list is the EEOC’s goal to eliminate barriers in recruitment and hiring.
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