Labor Days

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

Court of Appeals Dismisses EEOC Appeal of Background Check Suit, Faulting Agency Process

In the appeal of a lawsuit brought by the EEOC over a Texas employer’s use of background checks in the hiring process, Equal Employment Opportunity Commission v. Freeman, the Fourth Circuit Court of Appeals slammed…

NY Labor Commissioner Raises Minimum Wage for Tipped Workers

At the end of February, New York’s acting labor commissioner, Mario J. Musolino, ordered that the minimum wage for tipped workers be raised to $7.50 an hour. The increase will go into effect at the end of 2015. This…

Publically Traded Companies Beware: An SEC Filing Can be Evidence of an Adverse Employment Action in a Claim of Retaliation

A Title VII plaintiff can prove retaliation using either the direct or indirect method. Under the direct method a plaintiff must prove (1) that she engaged in a statutorily protected activity; (2) that she was…

Can Employers Require Their Employees to be Vaccinated?

From January 1 to February 27, 2015, 170 people from 17 states and the District of Columbia were reported to have measles. On February 25, 2015, health official confirmed Illinois’ 15 th measles case in Cook County.…

Abercrombie Hijab Case Could Create “Damned if You Do, Damned if You Don’t” Situation for Employers

All reports and the transcript from Wednesday’s Supreme Court argument in the closely-watched Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores Inc. case seemed to reveal a Court that was…