Labor Days

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

Supreme Court Abercrombie & Fitch Ruling: It’s the Motive that Matters

As most lawyers and HR professionals know, on June 1, 2015, Justice Antonin Scalia authored a concise opinion, overturning the Tenth Circuit and holding that Abercrombie & Fitch had intentionally discriminated against…

Clawback Provisions As An Alternative to Traditional Restrictive Covenants

Employers are increasingly using clawback provisions in their employment agreements in lieu of traditional restrictive covenant breach provisions to encourage employees to abide by their restrictive covenant…

New York Attorney General’s Office Demands “On Call Shift” Information From Retailers

As reported in various media outlets, the New York Attorney General’s office recently sent a request to several retail employers who do business in New York for information concerning their practices of scheduling…

Update on EEOC Transgender Litigation

The Equal Employment Opportunity Commission (“EEOC”) has continued its push for increased focus on LGBT discrimination issues, with two cases in federal courts in Florida and Michigan pushing its position that gender…

Even If You Don’t Give Manicures - What All Employers Can Learn From Nail Salons

Many have been surprised and appalled with the recent series of articles in the New York Times exposing the alleged mistreatment of workers at nail salons. What struck me was how these articles should be a wake-up call…