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Recent developments in employment and labor law
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Howard Kastrinsky

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Chris Barrett


Keeping You Posted provides you with the latest updates in employment and labor law. As a supplement to Employment Law Comment, Keeping You Posted supplies you with a review of current federal and state cases, as well as legislative and regulatory changes, from your perspective as an employer.

Some of the many topics we discuss in Keeping You Posted include federal discrimination laws, the National Labor Relations Act, the Fair Labor Standards Act, and the Occupation Safety and Health act. Other topics include immigration and workplace privacy, including emerging trends in social media in the workplace. Add the RSS feed above to your favorites, and stay up-to-date on the issues that affect your Company.
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Second Circuit Blacklists Unpaid Interns’ Claims Against Film Studio

Thursday, 02 July 2015 15:42


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In a sweeping decision that is noteworthy to all employers who offer or are considering to offer unpaid internships, the Second Circuit today reversed a New York district court’s determination that several unpaid interns at a film studio were employees and entitled to compensation under the Fair Labor Standards Act. The Second Circuit also reversed the federal court’s certification of classes of unpaid interns. In doing so, the Second Circuit promulgated a new standard to determine whether an individual is an employee for purposes of the FLSA.a sweeping decision that is noteworthy to all employers who offer or are considering to offer unpaid internships, the Second Circuit today reversed a New York district court’s determination that several unpaid interns at a film studio were employees and entitled to compensation under the Fair Labor Standards Act. The Second Circuit also reversed the federal court’s certification of a class under New York law as well as a collective action under the FLSA. In doing so, the Second Circuit promulgated a new standard to determine whether an individual is an employee for purposes of the FLSA.

   

Knowledge of need for accommodation not required to support disparate treatment failure to hire claim

Wednesday, 01 July 2015 12:38


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The United States Supreme Court has determined a rejected applicant for employment bringing a disparate treatment claim under Title VII need only show the potential employer was at least motivated in part by the applicant’s religious practice, regardless of whether the applicant has informed the potential employer of the need for an accommodation.

   

Medical Marijuana Use in Off-Work Hours Still Not ‘Lawful Activity’ According to Colorado’s Supreme Court

Monday, 29 June 2015 09:04


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Although the use of medical marijuana is legal pursuant to Colorado state law, the Colorado Supreme Court recently ruled that an employer did not violate the state’s wrongful termination statute when it fired an employee for failing a random drug test. The wrongful discharge statute forbids employers from discharging employees for “lawful activities” done outside work hours. The Court held that because the use of marijuana remains illegal under federal law, the employee’s use of medical marijuana was not “lawful” as that term is used in the wrongful termination statute. Full opinion here.

   

Supervisor’s derogatory remarks do not rise to the level of same-sex harassment

Tuesday, 23 June 2015 09:35


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An employee filed a plethora of claims against her employer and supervisor, including same-sex sexual harassment. The employee alleged that her supervisor made a series of derogatory remarks that constituted sexual harassment. Specifically, the employee alleged her supervisor told her...

   

Fourth Circuit changes standard for retaliation claims

Monday, 15 June 2015 09:45


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The U.S. Court of Appeals for the Fourth Circuit recently overruled one of its own prior decisions by finding that Title VII’s anti-retaliation provision still protects a plaintiff from complaining about harassment, even if the complained about conduct is not considered a hostile work environment.

   

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