Labor Days

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

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…

DOL Extends FMLA Rights to Same-Sex Couples Nationwide

After the Supreme Court’s landmark 2013 ruling in United States v. Windsor found section 3 of the Defense of Marriage Act to be unconstitutional, there was significant uncertainty regarding an employer’s obligations…

Enforcing Your Workplace Violence Policy? Not So Fast, According to the NLRB

In what some may consider a stunning decision, the NLRB recently held in Care One at Madison Avenue, LLC, 361 NLRB No. 159, that an employer’s enforcement of its workplace violence policy violated its employees’…

Be Right The First Time - Employers Must Ensure That Their Policies Describe FMLA Rights Properly In The First Instance

The Sixth Circuit has recently taught us the old lesson that employer policies must be in line with the law on a given point, or else employers risk granting employees rights that they wouldn’t otherwise want to grant,…

D.C.’s Wage Theft Amendment Takes Effect February 26, Imposes New Notice and Hours Recording Obligations on Employers

In September 2014, the Council of the District of Columbia enacted the Wage Theft Prevention Amendment Act of 2014 (the “Amendment’). The Amendment takes effect on Thursday and amends four D.C. employment law statutes,…