By Gretchen Harders and Michelle Capezza On May 8, 2013, the Employee Benefits Security Administration of the Department of Labor (the “DOL”) issued Technical Release 2013-02 (the “Release”) providing important guidance under the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010 (the “Affordable Care Act”)… Continue Reading
Category Archives: Employment Training, Practices and Procedures
Subscribe to Employment Training, Practices and Procedures RSS FeedNew Jersey to Propose Gender-Equality Notice Rules for Employers
by Maxine H. Neuhauser and Amy E. Hatcher On January 7, 2013, the New Jersey Department of Labor and Workforce Development (the “Department”) published in the New Jersey Register proposed new rules and notification language to implement a recently enacted law intended to fight gender inequity and bias in the workplace. The notice of proposal… Continue Reading
Federal Deposit Insurance Act Section 19 Restrictions Trump New York State Law Barring Criminal History Discrimination
By: William J. Milani and Anna Kolontyrsky The Eastern District of New York has rejected a claim for relief under the New York State Human Rights Law (“NYSHRL”) brought by a job applicant who alleged that a bank unlawfully discriminated against her based on her criminal history. In Smith v. Bank of America Corp. (subscription… Continue Reading
If Pending New York State Law Restricting Use of Credit Reports is Enacted, Will Financial Institutions Be Exempt?
By: John F. Fullerton III As a direct result of the financial crisis, an increasing number of states have enacted or are considering statutes that prohibit or restrict employers from obtaining and using credit reports for making hiring and other employment decisions. Eight states have now passed such legislation – California, Connecticut, Hawaii, Illinois, Maryland, Oregon, Washington… Continue Reading
Three “Best Practices” to Help Avoid Employee Misclassification Problems
By: John F. Fullerton III On May 16, I co-hosted a small roundtable discussion here at the firm entitled “Employee Misclassification Issues in the Financial Services Industry: Preventive Maintenance and Proactive Strategies.” The topics included proper application of the administrative exemption from federal and state overtime laws; the nettlesome employee v. independent contractor question; and… Continue Reading
Getting Ready For The Summer: Is Your Internship Program In Compliance With The Law?
By: Anna Kolontyrsky and Jeffrey Landes As summer internship season approaches, financial service employers should confirm that their internship programs comply with all relevant laws, including the requirements of the Fair Labor Standards Act (“FLSA”) and applicable state laws. Ascribing the term “intern” to a college or postgraduate student working for an employer for a… Continue Reading
