Published: September 20, 2018

On Sept. 18, 2018, the Ninth Circuit Court of Appeals, in an en banc ruling, reversed the district courts' dismissals of various actions under the Fair Labor Standards Act ("FLSA") concerning tip credits and wages for servers and bartenders. See Marsh v. J. Alexander's LLC, No. 15-15791 (9th Cir. Sept. 18, 2018).

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Published: September 19, 2018

In August of 2017, the U.S. District Court for the District of Connecticut made news when it ruled that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire someone who uses medical marijuana.  Now court has entered summary judgment in the same case in favor of the plaintiff, finding that a federal contractor discriminated against a job applicant in violation of Connecticut’s Palliative Use of Marijuana Act ("PUMA") by refusing to hire a medical marijuana user.  

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Published: August 29, 2018

As discussed in a prior blog, the State of New York passed anti-sexual harassment legislation earlier this year that expanded coverage of the non-discrimination law to non-employees (e.g., contractors, vendors, consultants) and prohibited things such as mandatory arbitration of sexual harassment claims and non-disclosure provisions in settlement agreements for sexual harassment claims.

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Published: August 23, 2018

Last week, the Court of Appeals for the Eighth Circuit revived an employee's challenge that the employer failed to re-employ him when he returned from protected leave.  

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Published: August 10, 2018

On August 1, 2018, Massachusetts legislators passed a bill that would require employers to provide garden leave when enforcing non-compete agreements with former employees. Garden leave is a concept that keeps former employees on the payroll to prevent them from working for competitors during a restricted period.

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Published: July 12, 2018

Earlier this year, several New Jersey Senators introduced Bill S121 aimed at prohibiting provisions in employment contracts or settlement agreements which have "the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment."  This Bill not only seeks to prohibit non-disclosure provisions which often appear in sexual harassment settlements, but also to prohibit the waiver of "any substantive or procedural right relating to a claim of discrimination, retaliation, or harassment."  Having been passed by the Senate by a vote of 34-1 o

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Published: June 27, 2018

Early this week, a majority of Washington, D.C. voters approved a ballot initiative called the "District of Columbia Minimum Wage Amendment Act of 2017" or "Initiative 77," which will gradually raise the minimum wage for tipped workers in the District until it reaches $15 per hour in July 2025.

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