On March 6, 2018, the U.S Department of Labor’s Wage and Hour Division announced a nationwide pilot program, the Payroll Audit Independent Determination (PAID) program. PAID allows employers to self-assess potential wage and hour underpayments under the Fair Labor Standards Act (FLSA) while helping to protect themselves against litigation threats from the Department of labor […]
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Blog Title: Cullen and Dykman’s Blogs
EEOC Sues Nursing Center for Pregnancy Discrimination
March 26, 2018
The U.S. Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit against Century Care of Laurinburg, Inc., doing business as Scottish Pines Rehabilitation & Nursing Center (“Scottish Pines”) for sex discrimination alleging that the center failed to accommodate two pregnant nursing assistants. According to the EEOC’s lawsuit, in November 2014, Mary Jacobs, was placed on unpaid […]
Former Yale Student Found Not Guilty in Rape Trial
March 26, 2018
A New Haven, Connecticut jury recently found a former Yale University student not guilty of raping his classmate. This much publicized case is among the small percentage of campus sexual misconduct cases that have actually made it to trial. In 2015, Yale University student, referred to as Jane Doe, accused Saifullah Khan of raping her […]
When Must an Employer Compensate its Employees for Time Spent Donning and Doffing?
March 23, 2018
Donning and doffing refers to changing into and out of work clothes, gear, or equipment. To don means to put on work clothes, gear, or equipment. To doff means to take off work clothes, gear, or equipment. While both federal and state laws require that employers compensate employees for all “work” performed, both federal and state […]
How Will The Tax Cuts and Jobs Act Affect Executive Compensation?
March 23, 2018
On December 22, 2017, President Trump enacted The Tax Cuts and Jobs Act (the “Act”) which included significant changes to the tax laws regarding executive compensation. Executive compensation is defined as financial payments and non-monetary benefits provided to high-level management, this may include but is not limited to corporate presidents, chief executive officers, chief financial […]
Proposed Bill Would Require College and University Presidents to Review Sexual Misconduct Claims
March 6, 2018
Bipartisan legislation announced recently in the U.S. Senate would hold campus leaders accountable for sexual abuse cases involving college and university employees. The proposed bill, the Accountability of Leaders in Education to Report Title IX Investigations Act (“Alert Act”), would require all presidents, and at least one other member of the institution’s governing board, to […]
California Supreme Court finds GrubHub Drivers to be Independent Contractors
March 6, 2018
Recently, in a very telling decision, a federal Magistrate Judge found that drivers for GrubHub Inc. (“Grubhub”) are independent contractors and not employees. In doing so, U.S. Magistrate Judge, Jacqueline Corley, found that gig-economy drivers do not qualify for the protections of employees under California state law. Employee Raef Lawson, brought this claim against Grubhub, […]
Manhattan District Attorney’s Office Implements a Work-Related Sexual Violence Team
March 6, 2018
The Manhattan District Attorney, Cyrus Vance, Jr., recently announced the implementation of a Work-Related Sexual Violence team. The announcement comes in the wake of growing awareness of sexual misconduct in the workplace. The new task force will focus on engaging and encouraging alleged victims of work-related sexual violence to report their incidents. The team will […]
Second Circuit finds Title VII protects against Sexual Orientation Discrimination
March 6, 2018
Last week, the Second Circuit held that Title VII, which protects against discrimination in the workplace on the basis of sex, includes discrimination on the basis of sexual orientation. Notably, the Second Circuit is only the second court in the country to do so. While Title VII forbids discrimination in the workplace based on “race, […]
Supreme Court Declines to Expand Whistleblower Protection
March 6, 2018
On February 21, the Supreme Court ruled that the Dodd-Franks Act’s anti-retaliation provision only applies to individuals who have reported a violation to the Securities and Exchange Commission (“SEC”). The court found that the Dodd-Frank Act does not protect employees who make internal complaints of corporate wrongdoing. In 2010, Congress enacted the Dodd-Frank Act in […]