On September 25, 2008, President Bush signed the ADA Amendments Act of 2008 ("ADAAA") into law. As stated in prior blog entries, the amendment makes substantial changes to the Supreme Court's restrictive readings of disability discrimination protections.
Continue reading "Americans with Disabilities Act Amendments Act of 2008 Becomes Law" »
Last fall, the Equal Employment Opportunity Commission (EEOC), filed a pregnancy discrimination claim against Bloomberg LP based upon complaints received from three employees. Since that time, the number of women charging Bloomberg LP with pregnancy discrimination has increased to 72. According to New York Magazine, that number constitutes about one in seven of the employees who became pregnant in the last six years. Although Bloomberg LP referred to the initial filing as a "publicity stunt," the increase in the number of employees alleging sexual discrimination renders that characterization extremely difficult to sustain.
On September 17th, the United States House of Representatives passed the Senate version of the Americans with Disabilities Amendments Act ("ADAA"). The bill has now been sent to President Bush, who states that he will sign it. The amendments reflect the broadest changes to the Americans with Disabilities Act ("ADA") since its enactment in 1990.
Continue reading "House Passes Senate Version of ADA Amendments Act" »
In June 2008, the House of Representatives passed the ADA Amendment Act of 2008. (See Proposed Amendments to ADA Restore Disability Discrimination Protections, June 28, 2008.) Yesterday, the Senate unanimously passed its own version of the ADA Amendment Act. A conformed version will be submitted to the President for signature within the next several weeks.
Continue reading "Senate Passes ADA Amendment Act of 2008" »
Earlier this week, Senators Patrick Leahy of Vermont and Charles Grassley of Iowa submitted a letter to the Department of Labor accusing it of violating the "spirit and goals" of the Sarbanes-Oxley Act of 2002 ("SOX"). The whistleblower provisions of SOX protect employees who report corporate wrongdoing.
Continue reading "Senators Protest Department of Labor's Handling of Whistleblower Claims" »
The proposed Employment Non-Discrimination Act ("ENDA") is a federal bill intended to address employment discrimination by making it illegal to fire, refuse to hire or promote employees based upon their sexual orientation. An earlier version of the bill sought to include protection from gender identity discrimination. That provision was stripped from the bill due to a lack of support in the House of Representatives for transgender protection. On November 7, 2007, the House passed ENDA by a vote of 235-184. Currently, ENDA awaits introduction to the Senate.
Continue reading "Proposed Employment Non-Discrimination Act Awaits Further Action in Congress" »
Recently, two companies, J. Siebold Construction and Finklestein-Morgan, a real estate management firm, agreed to a $1.23 million settlement for violations of the New York overtime law.
Continue reading "Overtime Pay Settlement for Bronx, New York Construction Workers" »
Last week Congress enacted the Consumer Product Safety Improvement Act of 2008. Among other things, the Act contains a new protection for employees of manufacturers and retailers who do any of the following: (1) provide information to the employer, federal government or attorney general of a state, relating to any violation of the Act or any statutes enforced by the Consumer Product Safety Commission; (2) testify or are about to testify in a proceeding concerning such a violation; (3) assist or participate (or seek to) in such a proceeding; or (4) object to participating in any such activity.
Continue reading "Congress Enacts New Whistleblower Law" »
Last month, New York's high court in Reddington v. Staten Island University Hospital limited the scope of New York's Health Care Whistleblower law in response to a question concerning its scope certified by the United States Court of Appeals for the Second Circuit.
Continue reading "New York Court of Appeals Limits Scope of Health Care Whistleblower Law" »
Last year, New York State Governor Spitzer signed into effect an amendment to the New York Labor Law by adding section 206-c, the Rights of Nursing Mothers to Express Breast Milk. Applicable to all New York State employers, regardless of size, this law requires that employers make reasonable efforts to allow employees to express breast milk for their nursing children.
Continue reading "Recent Amendment to New York Law Assists Nursing Mothers" »
New York Governor Paterson recently signed the Broadcast Employees Freedom Work Act which restricts employers in the broadcasting industry from conditioning employment on the signing of noncompete agreements.
Continue reading "Broadcasters Can Work for the Competition in New York" »
In Peters v. Gilead Securities Inc., the 7th Circuit sent out a warning to employers using employee handbooks, that their provisions may be held legally binding due to the contract liability theory of promissory estoppel. Specifically, the court ruled that although a company may not be subject to the Family Medical Leave Act they may still be liable if their Employee Handbook states employees are eligible for such a leave.
