Labor Days

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

FLSA Trends: A Mixed Bag with a Silver Lining

It came as no surprise, as reported in a Law360 analysis on May 2, that cases brought under the Fair Labor Standards Act (FLSA) continue to trend upward. The FLSA was for many years a sleepy, antiquated,…

Can Employers Refuse to Cover Spouses?

The Affordable Care Act (“ACA”) requires employers to cover dependents (meaning children) until they turn 26 years old, or pay a penalty. 42 U.S.C.A. § 300gg-14. However, the ACA does not require employers to cover…

Sixth Circuit Finds that Verbal Demand to Supervisor to Cease Harassing Behavior is Protected Activity Under Title VII

Most practitioners know that Title VII prohibits retaliation against any employee because he or she “opposed any practice made an unlawful employment practice [by the statute].” Title VII does not define “oppose,” but…

After Second Circuit Decision, Oral Complaint to Employer May Support FLSA Retaliation Claim

Under the federal Fair Labor Standards Act ("FLSA"), it is unlawful “to discharge or in any other manner discriminate against any employee because such employee has filed any complaint … related to” the FLSA.…

NYC Bans Credit Background Checks

On April 16, 2015, New York City became the twelfth jurisdiction in the country to bar the use of credit background checks in hiring and employment decisions. The New York City Council passed Intro-261-A, informally…