• Cullen and Dykman LLP Blogs

  • Archives

  • Author Archives: Thomas B. Wassel

    Unwrapping Holiday Bonuses: Employer Tricks or Employee Treats? A Review of the Regulations

    With the tax season underway, employers and employees alike throughout the nation are reviewing their financial records. One piece of financial information that pertains to them both are holiday bonuses (given or received) during the prior year. Under the Fair Labor Standards Act (“FLSA”), non-exempt employees are entitled to overtime pay at a rate of […]

    Court Announces Stricter Standard of Proof in Retaliation Cases under Title VII

    The Supreme Court has tightened the legal standards for plaintiffs claiming retaliation for employment discrimination complaints in University of Texas Southwestern Medical Center v. Nassar (Docket No. 12–484).  The Court held that a plaintiff must prove that retaliation was not just a motivating factor, but the determinative factor.  This is a much stricter standard of […]

    New Definition of “Supervisor” for Purposes of Title VII

    The U.S. Supreme Court has issued a ruling settling a split in the circuit courts over the definition of “supervisor” for purposes of employer liability for harassment under Title VII of the Civil Rights Act of 1964, in Vance v. Ball State University, (Docket No. 11–556).  The circuits had split on the issue, with three […]

    New York City Passes Pregnant Workers Fairness Act

    The New York City Council recently passed legislation designed to ensure workplace rights for pregnant women by prohibiting discrimination in employment based on pregnancy, childbirth, or a related condition. The Pregnant Workers Fairness Act amends the New York City Human Rights Law (Title 8 of the Administrative Code) such that employers with four or more […]

    Employment Litigation in Review #7

    ODEP Develops Database with 3,000 Ready-for-Hire Candidates Who Have Disabilities On December 5, 2012, the Office of Disability Employment Policy (ODEP) announced its new Workforce Recruitment Program. The program includes the creation of a database containing nearly 3,000 ready-for-hire candidates who have disabilities. According to its news release, [t]he database contains profiles of postsecondary students […]

    New York City Passes Legislation Prohibiting Employers from Discriminating Against the Unemployed

    Effective June 11, 2013, employers in New York City will be prohibited from basing an employment decision with regard to hiring, compensation or the terms and conditions of employment on the fact that an applicant is unemployed, unless there is a “substantially job-related reason for doing so.” On March 13, 2013, the City Council overrode […]

    Federal Court Finds That Veganism May Constitute a Religious Belief

    The flu season has started out strong this year, already reaching epidemic proportions.  A public health emergency has been declared in Boston as flu cases skyrocket to levels 10 times higher than the 2011-2012 season. A mere cough or sneeze from a co-worker now sends people into red-alert as they scramble for the hand-sanitizer and […]

    Who is Considered a “Supervisor”?

    The U.S. Supreme Court is set to hear oral argument in Vance v. Ball State University addressing the definition of “supervisor” for the purposes of liability under Title VII of the Civil Rights Act of 1964.  An employer can be held vicariously liable for the actions of a supervisor who discriminates against another employee on the […]

    Employment Litigation in Review #6 (The Summer 2012 Edition)

    U.S. Supreme Court Holds Pharmaceutical Sales Representatives are Exempt from Overtime Pay  Christopher v. Smithkline Beecham Corp., 567 U. S. ____ (2012). On June 18, 2012, the Supreme Court in a 5-4 decision resolved a conflict between the Second and Ninth Circuit Courts of Appeal where the two Circuits differed as to whether pharmaceutical sales […]

    NLRB Temporarily Enjoins Notice Requirements In Response to Conflicting Decisions

    Chamber of Commerce of the United States v. NLRB, Case No. 2:11-CV-02516-DCN (D.S.C. April 13, 2012). It seems that Friday the 13th was definitely an unlucky day for the National Labor and Relations Board (“NLRB”); a Federal District Court for South Carolina held that the NLRB exceeded its authority by issuing a rule requiring employers […]