Labor Days

News and analysis from Kelley Drye’s labor and employment practice

Should Employers Adopt a One-Strike Rule for Racial Slurs?

In California, even a single racial slur by a non-management employee may now give rise to employer liability under certain circumstances. In Bailey v. San Francisco District Attorney’s Office, the California Supreme…

AI Alert: CFPB Tightens FCRA Rules for Employers

On October 22, 2024 the Consumer Financial Protection Bureau (CFPB) released the final version of the Personal Financial Data Rights Rule (that we reported about here ). However, the CFPB did not rest there, two days…

Is DEI Still Standing? Moving Forward with Diversity

It’s been over a year since the Supreme Court's June 2023 ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), prompting employers nationwide to brace for potential legal…

Through the Looking-glass: Massachusetts Adds a New Tint to Pay Transparency Laws

The wave of state laws requiring employers to transparently disclose salaries, hourly rates, and benefits for the world to see—a policy aimed at putting more information (read, power) in the hands of workers—now…

New Jersey Supreme Court Rules that Non-Disparagement Clauses Violate #MeToo Law

In recent years, state #MeToo laws have slowly but surely chipped away at the use of confidentiality or non-disclosure clauses in settlement agreements. Employers have attempted to get “creative” and have relied more…