Alerts

The BakerHostetler Quarterly New York Employment Law Newsletter

Alerts / July 19, 2018

Welcome to the first edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some of the key employment trends that affected New York employers in 2017, and our expectations for 2018. Please contact Amy J. Traub, whose information is listed at the end of the newsletter, if you have questions or would like additional information on these or other issues as they unfold in the coming months.

In this newsletter, we focus on the following significant developments from the past year:

  • Predictable Schedules a Right, Not a Privilege, in NYC Fast-Food and Retail Industries
  • The Second Circuit Finds Title VII Protects Against Sexual Orientation Discrimination
  • New York Institutes Paid Family Leave
  • Supreme Court Upholds Class Action Waivers in Arbitration Agreements as Valid and Enforceable
  • In New York, Employers Are Now Responsible for Harassment of Nonemployees
  • New York City Expands Paid Sick Leave Law With Creation of ‘Safe Time’
  • As of July 1, 2018, New Jersey Has One of the Most Employee-Friendly Equal Pay Laws in the Country
  • New York State Anti-Harassment Measures Passed in the 2019 Budget Bill Begin to Take Effect
  • Anti-Sexual Harassment Policies and Training
  • Prohibition on Mandatory Arbitration of Sexual Harassment Claims Begins July 11
  • Limitations on Nondisclosure Agreements Related to Sexual Harassment Claims, Which Began on July 11
  • New York City to Follow in New York State’s Footsteps
  • New Jersey Adopts a Statewide Paid Sick Leave Act
  • More Scheduling Accommodations Required by New NYC Law Taking Effect July 18
  • New York State Scheduling Regulations

We hope that you use our analysis and forecasts for the rest of 2018 to help you navigate what is likely to be a year of unprecedented change.

For updates throughout the year, please visit the Employment Law Spotlight blog and the blogs sponsored by other practice teams, including the Employment Class Action Report blog.

Authorship credit: Amy J. Traub – Editor, Shawn N. Butte, Tracy Cole, Fanny A. Ferdman, Paul Rosenberg, Saima Z. Sheikh, Amanda Van Hoose Garofalo.

Baker & Hostetler LLP publications are intended to inform our clients and other friends of the firm about current legal developments of general interest. They should not be construed as legal advice, and readers should not act upon the information contained in these publications without professional counsel. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you written information about our qualifications and experience.

Blog

In The Blogs

Previous Next
Employment Class Action Blog
New Prime Decision Adds Uncertainty to Arbitration in the Transportation Industry
January 17, 2019
The U.S. Supreme Court’s decision in New Prime v. Oliveira, No. 17-340 (Jan. 15, 2019), has added uncertainty to arbitration agreements in the transportation industry by holding that the Federal Arbitration Act (FAA) § 1 exception covers...
Read More ->
Employment Class Action Blog
Supreme Court Decides First Arbitration Case on Its Docket – Henry Schien, Inc. v. Archer & White Sales, Inc.
By John B. Lewis
January 15, 2019
As we noted in our Dec. 19, 2018, blog article, there were three arbitration cases involving the Federal Arbitration Act (FAA), all argued in October 2018, pending on the Court’s docket. Now, in a unanimous opinion written by Justice Brett...
Read More ->
Employment Class Action Blog
Courts Remain Skeptical of Certifying Data Privacy Class Actions
January 14, 2019
In this era where there appears to be a new data security incident announced each month, there is surprisingly little class certification jurisprudence for data security class actions. Indeed, to date we know of only four decisions that...
Read More ->
Employment Class Action Blog
California Off-the-Clock Case Involving Independent Contractors Crumbles
By Gregory V. Mersol
January 9, 2019
Extensive expert report still fails to establish fairness and manageability for trial. A growing number of courts are questioning classwide proof in off-the-clock cases, and those examining expert testimony in such matters are increasingly...
Read More ->
Employment Class Action Blog
Third Circuit Reverses Rule 23 Certification in ‘Off the Clock' Case
By Gregory V. Mersol
January 8, 2019
Ruling also touches upon FLSA conditional certification order Many wage and hour cases filed today try to name popular targets and to rely upon tried and true allegations. Unfortunately for employers, this is at times a successful...
Read More ->