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Goldberg Segalla LLP Document Search Results (36)

 

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HTMLEmployers Must Prepare for Scrutiny as Federal and State Labor Departments Join Together to Fight Employee Misclassification
Caroline J. Berdzik, David E. Leach; Goldberg Segalla LLP;
Legal Alert/Article
October 17, 2014, previously published on October 10, 2014
Employers across the country continue to misclassify workers as independent contractors rather than as employees, and as we recently saw in Alexander v. FedEx Ground Package System, Inc., such actions can result in litigation and federal and state scrutiny.

 

HTMLNinth Circuit Ruling on Misclassification of Independent Contractors Has Major Ramifications for Employers
Goldberg Segalla LLP;
Legal Alert/Article
September 30, 2014, previously published on September 25, 2014
In Alexander v. FedEx Ground Package System, Inc., 2014 U.S. App. LEXIS 16585 (9th Cir. Aug. 27, 2014), the Ninth Circuit Court of Appeals held that former Federal Express drivers were employees rather than independent contractors pursuant to California’s right-to-control test. This important...

 

HTMLFifth Circuit Religious Discrimination Determination Requires Employers to Gauge Sincerity of an Employee’s Religious Beliefs
Caroline J. Berdzik, Richard A. Braden; Goldberg Segalla LLP;
Legal Alert/Article
September 23, 2014, previously published on September 16, 2014
Most employers recognize that Title VII of the Civil Rights Act of 1964 (Title VII) prohibits religious discrimination in the workplace and requires private employers to reasonably accommodate an applicant’s or employee’s religious practices and beliefs, subject to limited exceptions....

 

HTMLGovernor Cuomo Signs Bill Giving New York Interns Workplace Protection
Goldberg Segalla LLP;
Legal Alert/Article
August 7, 2014, previously published on August 6, 2014
On July 22, 2014, New York Governor Andrew Cuomo signed legislation giving interns in New York State protections from sexual harassment and discrimination in the workplace similar to those given to regular workers. The amendment to the state’s Human Rights Law clarifies the status of interns...

 

HTMLEEOC Updates Enforcement Guidance on Pregnancy Discrimination
Goldberg Segalla LLP;
Legal Alert/Article
July 28, 2014, previously published on July 24, 2014
The Equal Employment Opportunity Commission (EEOC) recently issued enforcement guidance on pregnancy discrimination and related issues, marking the first comprehensive update of the EEOC’s guidance on the subject in over 30 years. This guidance has been issued after several states and cities...

 

HTMLN.Y. Legalizes Medical Marijuana: What Employers Need to Consider
Goldberg Segalla LLP;
Legal Alert/Article
July 17, 2014, previously published on July 15, 2014
On July 7, 2014, New York became the 23rd state (plus the District of Columbia) to legalize medical marijuana, bringing the number of Americans who may lawfully use the drug with proper medical certification and/or supervision to approximately 100 million. The overwhelming acceptance by Americans...

 

HTMLImpact of Hobby Lobby: Closely Held Corporations May Object to ACA’s Contraceptive Mandate
Goldberg Segalla LLP;
Legal Alert/Article
July 8, 2014, previously published on July 2, 2014
In a highly anticipated decision in Burwell v. Hobby Lobby, 573 U.S. --- (June 30, 2014), the United States Supreme Court ruled that the contraceptive mandate of the Patient Protection and Affordable Care Act (ACA) as applied by the Department of Health and Human Services (HHS) to closely held...

 

HTMLNY Court of Appeals Affirms Municipality’s Right to Ban Hydraulic Fracturing Within Its Boundaries
Goldberg Segalla LLP;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
In a 5-2 ruling on June 30, New York’s highest court rendered a decision in a hotly contested case regarding the power of municipalities to ban hydraulic fracturing. The state’s Court of Appeals addressed two cases brought with respect to local zoning laws passed by the towns of Dryden...

 

HTMLSupreme Court Deals Blow to Public-Sector Unions on Agency Fees
Goldberg Segalla LLP;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
The U.S. Supreme Court refused to require Medicaid home health service personal assistants in Illinois to pay “agency fees” to a public-sector union certified to represent those employees in collective bargaining with the state. While technically a defeat for labor organizations, the...

 

HTMLReversing Racial Discrimination Claims Is Difficult, but Not Impossible
Goldberg Segalla LLP;
Legal Alert/Article
June 10, 2014, previously published on June 4, 2014
Despite the heightened scrutiny given to reverse racial discrimination claims, it is difficult but not impossible to prevail under the right circumstances.

 


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