Employers

New York City Legislation Prohibiting Discrimination on the Basis of Height or Weight Effective November 22, 2023

New York City passed legislation amending the New York City Human Rights Law (NYCHRL) to prohibit discrimination on the basis of height or weight. The new law prohibits employment, housing, and public accommodation discrimination on the basis of a person’s actual or perceived height or weight. New York City joins the growing list of jurisdictions […]

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New Jersey To Maintain Public List Available Online of Employers Who Fail to Satisfy Outstanding Liabilities Under the State’s Wage, Benefit, And Tax Laws

On August 8, 2023, the New Jersey Department of Labor and Workforce Development (DOL) implemented the Workplace Accountability in Labor List (the WALL) — a public list, accessible through the DOL website, that includes the names of employers found to be in violation of New Jersey State wage, benefit and tax laws and have outstanding

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Massachusetts Appeals Court Holds that Overtime Work Is Not an Essential Function of Inpatient Nursing Position

In Tufts Medical Center v. Dalexis et. al., the Massachusetts Appeals Court held that a hospital employer failed to engage in the interactive process, and discriminated against and constructively discharged a disabled nurse by failing to excuse her from the obligation to work overtime when needed. The nurse was diagnosed with rheumatoid arthritis and interstitial

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Spa Workers Entitled to Sunday Premium Pay Where Employer Also Sold Beauty Products

In Chapoteau, et al. v. Bella Sante, Inc., et al., the Massachusetts Appeals Court held that operators of beauty and massage spas that primarily render beauty and massage services were required to pay employees Sunday premium pay where the spas also sold retail products on Sundays. Prior to January 1, 2023, Massachusetts law generally prohibited

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U.S. Department of Labor Issues Proposed Rule Amending Salary-Level Requirements for White Collar Exemptions Under The Fair Labor Standards Act

On August 30, 2023, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking that would affect certain exemptions with respect to the Fair Labor Standards Act (FLSA) minimum wage and overtime requirements. Under the FLSA, employees who are not specifically exempt, must receive pay for hours worked in excess of 40 hours

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