Featured on Employment Law This Week: Under the recently signed Consolidated Appropriations Act, Congress has amended the FLSA to address tip pools. The amendment prohibits employers from keeping employees’ tips or distributing any portion of the tips to managers or supervisors. Non-tipped, back-of-the-house employees, like cooks and dishwashers, may participate in tip pools when
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New York City Council Proposes Laws to Mandate Sex Harassment Training and Expand Sex Harassment Protections Under the Human Rights Law

On March 7, 2018, the New York City Council formally introduced “The Stop Sexual Harassment in NYC Act,” a package of 11 bills, aimed at strengthening protections against, and remedies for, sexual harassment in the workplace. As discussed below, four of these bills, if enacted, would significantly expand the obligations of many employers to prevent…
California Supreme Court Opens the Door to Class Action Waivers, Shuts Door to Waiver of Representative Actions
By Marisa S. Ratinoff and Amy B. Messigian
One of the main battlegrounds between employers and employees relates to the ability of employers to preclude class actions by way of arbitration agreements containing class action waivers. In California, the seminal case of Gentry v. Superior Court (“Gentry”) has had the practical effect of…
EEOC Challenges Employer Separation Agreements
We recommend our colleagues’ post on the Retail Labor and Employment Law blog: Three Lawsuits Brought by the U.S. EEOC Challenge Employer Separation Agreements, by Lauri F. Rasnick, Susan Gross Sholinsky, Frank C. Morris Jr., and Nancy L. Gunzenhauser.
Following is an excerpt:
The federal Equal Employment Opportunity Commission (“EEOC” or “Agency”) has been…
Unions Swim Against the Tide as Pension Issues Surface for Negotiations and Organizing
Our colleague Allen B. Roberts recently wrote a client advisory entitled “Unions Swim Against the Tide as Pension Issues Surface for Negotiations and Organizing,” which appears on Epstein Becker Green’s website.
Following is an excerpt:
Contributions to multiemployer defined benefit pension plans have been a mainstay, legacy feature of union negotiations in…
Webinar Review – Creating and Maintaining a Lawful Internship Program
By: Jeffrey M. Landes and Susan Gross Sholinsky
The presentation slides and the recording for the webinar – Creating and Maintaining a Lawful Internship Program – are now accessible for your viewing. If you would like to review, please contact Kiirsten Lederer to obtain instructions.
During this timely and important webinar, we discussed how to…
Webinar, April 8: OSHA’s Temporary Worker Initiative
Our colleague Eric Conn, Chair of Epstein Becker Green’s OSHA Practice Group, will present a complimentary webinar on April 8, at 1:00 p.m. EDT: OSHA’s Temporary Worker Initiative. Topics include enforcement issues and data related to this work relationship, and recommendations and strategies for managing safety and health issues related to a temporary workforce.…
How Hoteliers Must Comply With WARN
When hoteliers are considering purchasing, selling or remodeling hotels, one of the most overlooked issues during the due diligence and planning phases relates to the Worker Adjustment and Retraining Notification Act…
Continue Reading How Hoteliers Must Comply With WARN
Hospitality Employers: The Future Of Your Wellness Program
Our colleagues Kara Maciel, Adam Solander, and Lindsay Smith have co-authored a Bloomberg BNA article titled, "Future New Year’s Resolutions: Will Your Wellness Program Still Be There to Help?"
Following is an excerpt:
With the New Year squarely in the rear view mirror, now is the time when many of our…
Webinar on the ACA Employer Mandate: Feb. 20
In a complimentary webinar on February 20 (1:00 p.m. ET), our colleagues Frank C. Morris, Jr., and Adam C. Solander will review the ongoing impact of the Affordable Care Act (ACA) on employers and their group health plans.
The Treasury Department and the Internal Revenue Service recently issued highly anticipated final regulations implementing the employer…