Publications
Sign up to receive publications by e-mail.
We'll e-mail you once a week with new publications.
Second Circuit Holds that Anti-Gay Discrimination Falls Within the Purview of Title VII
April 30, 2018 • Shirley A. Gauvin
Category: Legal Updates
The 2nd Circuit, covering Connecticut, New York, and Vermont, has revived a sex bias claim brought on behalf of Donald Zarda, a deceased skydiving instructor who was allegedly fired for telling a client he was gay. As an instructor at Altitude Express, Zarda sometimes mentioned his orientation in order to help female clients feel more comfortable when jumping, as they would be tied physically close to him during jumps. Zarda was fired after a boyfriend of one female client complained to Zarda’s boss that Zarda had inappropriately touched his girlfriend and mentioned he was gay. Zarda denied anything inappropriate and alleged that his dismissal was entirely because he said he was gay.
Ninth Circuit Approves Calculation of Minimum Wage by Weekly Average
April 30, 2018
Category: Legal Updates
In November 2017, the Ninth Circuit (covering California, Washington, Oregon, Nevada, Hawaii, Alaska, Idaho, Arizona, Montana) decided that the Fair Labor Standard Act’s (“FLSA”) hourly minimum wage requirement applies to weekly per-hour averages rather than actual per-hour pay. This means that the appropriate way to determine minimum wage compliance under the FLSA during any workweek is by calculating the pay earned during the entire workweek, rather than the pay earned in each individual hour of the workweek.
Back-of-House Staff Employed in States Without Tip Credits May Now Participate in Tip Pools
April 30, 2018 • Shirley A. Gauvin
Category: Legal Updates
On Aril 6, 2018, the U.S. Department of Labor announced amendments to the Fair Labor Standards Act (“FLSA”) § 3(m).
The #METOO movement took social media by storm in October 2017 as a means of illustrating the prevalence of sexual assault, harassment, and misconduct, particularly in the workplace. As the conversation around the #METOO movement swirls, employers have begun to assess how the movement affects their policies. Employers should stick to a simple three-part strategy: (1) promulgate a clear policy; (2) thoroughly investigate complaints; and (3) always respond accordingly and swiftly.
NLRB Relaxes Enforcement of Workplace Rules Aimed To Restrict Employee Discussion over Grievances and Unionization
April 30, 2018 • Christina Tantoy
Category: Legal Updates
The National Labor Relations Act (NLRA) protects the employee right to engage in “concerted activities for the purpose of . . . mutual aid or protection.” This includes not only the right to support a union, but also simply the right of employees to converse among themselves on issues affecting their employment. Consequently, any workplace rule explicitly infringing on this right, as well as any rule applied so as to cause such infringement, can be held unlawful. For example, if employees regularly get together before or after work, during which gripes and grievances (or unions) can be discussed, a workplace rule restricting these gatherings will generally be held unlawful.
Have You Checked Your Website's Accessibility
April 30, 2018 • Christina Tantoy
Category: Legal Updates
The newest trend in Americans with Disabilities Act (“ADA”) lawsuits target businesses’ websites. Litigants have increasingly sued or threatened to sue under Title III, alleging that the website is not sufficiently accessible to the disabled (i.e., the website lacks assistive technology for individuals who are blind or hearing-impaired).
We are pleased to present the Legal Update for our latest Quarter, available in PDF format by clicking here.
Federal Judge Holds Against Rescission of DACA
April 27, 2018 • Christina Tantoy
Category: Legal Updates
The Trump administration has been ordered to accept new applications for Deferred Action for Childhood Arrivals (“DACA”) benefits.
California Employee Handbooks 2018 Update
February 16, 2018 • Christina Tantoy
Category: Legal Updates
Stokes Wagner recommends that you review and update your employee handbooks annually. This article contains a list of policies and procedures for you to consider adding in your respective employee handbooks.
New Primary Beneficiary Test and U.S. Department of Labor’s Revised Guidance Provides Employers with More Flexibility for Internship Programs
January 17, 2018
Category: Legal Updates
Prior to 2018, the United States Department of Labor (“DOL”) had applied a rigid six-part test to determine whether interns must be treated as employees or unpaid interns. However, on January 5, 2018, the DOL announced that, in an effort to eliminate confusion and align itself with recent case law, it would adopt the “Primary Beneficiary” test to determine whether interns are employees under the Fair Labor Standards Act (“FLSA”).