This blog is dedicated to the rapidly changing areas of labor and employment law, whistleblower rights and workplace investigations.
The posts are aimed at keeping clients and others informed of litigation and regulatory developments that affect the workplace as they occur. The posts cover a wide breadth of topics, including, among others, complex discrimination issues, restrictive covenant cases, executive employment matters and whistleblower litigation, as well as traditional labor law topics.
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Disclaimer Notice: The Legal Developments Affecting the Workplace blog is an informational product provided by Sullivan & Cromwell LLP and should not be considered a substitute for legal advice.
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New York Enacts Statewide Ban on Salary History Inquiries for All Employers
July 23, 2019
Hiring -
New York State Ban on Arbitration of Sexual Harassment Claims Preempted, Court Rules
New York Federal Court Holds That New York State’s Recently Adopted Ban on Pre-Dispute Agreements To Arbitrate Claims of Sexual Harassment Is Unenforceable as to Those Agreements Covered by the Federal Arbitration Act.
July 1, 2019
Class and Collective Actions Workplace Investigations -
U.S. Supreme Court Clarifies Procedures for Federal Employment Discrimination Law Claims
Supreme Court Unanimously Holds That Title VII’s Pre-Suit Administrative Charge Requirement Is Not Jurisdictional and Can Be Waived If Employers Do Not Timely Object.
June 4, 2019
EEOC Retaliation Workplace Investigations -
Supreme Court to Decide Whether Title VII Protects Against Discrimination on the Basis of Sexual Orientation and Gender Identity
May 6, 2019
EEOC Retaliation Workplace Investigations -
DOL Proposes New Joint-Employer Rule
U.S. Department of Labor Proposes Significant Revision to Test for Determining Joint-Employer Status Under the FLSA
April 26, 2019
DOL Class and Collective Actions Wages and Overtime -
EEO-1 Data Update: Uncertainty Remains as to When Employers May Be Required To Submit EEO-1 Pay and Hour Data for 2018
April 12, 2019
EEOC -
U.S. Department of Labor Proposes New Salary Levels for “White Collar” Overtime Exemptions
March 11, 2019
DOL Wages and Overtime -
Federal Court Overturns OMB’s Stay of EEOC Pay Data Collection Rule, Finding It Was “Arbitrary and Capricious”
Decision Reinstates Employer Requirement to Submit EEO-1 Forms With Pay Data Information by Gender, Race and Ethnicity
March 8, 2019
EEOC -
Supreme Court Grants Certiorari in Fort Bend County v. Davis
Court to Consider Whether Title VII’s Administrative Exhaustion Requirement Is Waivable
January 22, 2019
EEOC Retaliation Workplace Investigations -
Reducing Limitations Periods on Employee Claims
January 17, 2019
Whistleblower Workplace Investigations -
New York City Human Rights Law Amendment Concerning Reasonable Accommodations
Law Requires “Cooperative Dialogue” Between Employers and Employees and Documentation of Final Determinations
October 16, 2018
Investigations -
New York State Department of Labor Issues Final Guidance on Sexual Harassment Prevention Policies and Training
Revised Materials Clarify That Training Deadline Is October 9, 2019 – Not January 1, 2019 as Previously Stated
October 10, 2018 -
New York State Department of Labor Issues Model Sexual Harassment Policy and Interactive Training Documents
Employers Must Adopt New Policy by October 9, 2018 and Provide Training by January 1, 2019
September 19, 2018 -
New York Anti-Sexual Harassment Law Limitations
Law Unlikely to Significantly Alter Status Quo
September 13, 2018
Class and Collective Actions Workplace Investigations -
NLRB Proposes Change to Joint-Employer Standard
September 13, 2018
NLRB