US – New sexual harassment laws: what employers in NY need to know

This article sets out the main obligations and potential liabilities on employers arising from New York State’s recent workplace sexual harassment legislation. Executive Summary In the fiscal year 2019 budget, the New York State Legislature passed several new laws aimed at preventing workplace sexual harassment, including banning mandatory arbitration and requiring anti-harassment policies and training. These new laws, a response to the larger social conversation…

USA: Protection from Discrimination to Breastfeeding Mothers

New Jersey has introduced new employment rights for breastfeeding mothers in the workplace, requiring employers of all sizes to provide employees with time and space to express breast milk. Workplace Protections for Breastfeeding Mothers On 8 January 2018, New Jersey became the 18th US state to enact civil rights protection for breastfeeding mothers. New Jersey’s Law Against Discrimination now expressly prohibits discrimination or retaliation by…

USA: New Primary Beneficiary Test for Internships

Recently, the US Department of Labor (DOL) announced that it will adhere to a new test for determining whether interns qualify as employees under the Fair Labour Standards Act (FLSA). The FLSA requires for-profit employers to pay ‘employees’ for their work; however, whether interns or students qualify as ‘employees,’ and, thus, are entitled to compensation for services provided, has been the subject of considerable litigation….

USA: Employment law and marijuana

Some parts of the US have already fully legalised the use of marijuana, others are allowing for medicinal use, while still others are holding on to full prohibition [see map below]. This article discusses the potential workplace safety and employment law consequences for employers of the proposed legalisation of recreational marijuana in New Jersey. What’s happening in the state of New Jersey is fairly typical…

U.S.A.: New statutes in Florida for ride-sharing industry

Florida lawmakers recently addressed the issue of how to classify transportation workers by enacting a law (Florida Statute § 627.748) that will permit transportation network companies (TNCs) (commonly referred to as ‘ride sharing’ companies) to classify their drivers as independent contractors under Florida law if they meet the law’s requirements. The new law could have a significant impact on ride-sharing companies and their drivers, because…

Italy, France, Germany, Sweden and USA: Dress code and appearance policies

Personal dress and appearance is a common way individuals express their personality, including their political and religious views. Unfortunately, the personal choices individuals make in attire, hairstyle and other personal appearance factors may collide with workplace rules, creating conflicts. Federal U.S. law does not directly regulate employer dress codes or appearance policies. However, it does prohibit employers from discriminating against employees based on a number…

Robotics in the workplace - From a North American and European perspective

While automation in the workplace has been used for decades to improve speed, efficiency and cost effectiveness, until recently, automating work requiring judgment and perception was reserved for science fiction films. In the last five years, however, the wide availability of powerful computer chips, big data storage and processing, and inexpensive sensors, as well as the development of new algorithms, have led to improvements in…

U.S.: New employment law regulations in 2017

It has been a little more than a month since President Donald Trump took office, and employers are anxious to see what changes the new administration will make that will affect businesses and employees. President Trump is certainly business-minded and has promised to focus on creating American jobs and incentives for businesses that bring jobs back from overseas. However, he has also presented himself as…

Sexual harassment at work: Global concern with local solutions

A recent headline could put fear in the hearts of general counsel and HR professionals alike. A restaurant franchisee in Ohio shells out $ 1.4 million to settle a sexual harassment case brought by the U.S. Equal Employment Opportunity Commission on behalf of multiple women. In that case, EEOC v. E. Columbus Host, LLC, the EEOC claimed a restaurant manager engaged in egregious sexual harassment…

New equal treatment rules in the U.S.

The U.S. Equal Employment Opportunity Commission (EEOC) has issued its final Enforcement Guidance regarding retaliation claims. The Enforcement Guidance emphasizes the agency’s broad interpretation of the protections afforded to employees who participate in EEO proceedings or complain about discriminatory practices. The EEOC is the federal agency charged with enforcement of most U.S. federal discrimination laws. Overview of Guidance. Nearly 45 percent of all EEOC charges…