Blog

The Americans with Disabilities Act (“ADA”) prohibits discrimination against individuals with disabilities in all areas of public life, including jobs. Recently, pundits have directed ire at the ADA due to drastic increases in the number of lawsuits commenced over the years since its enactment. In response, the United States House of Representatives passed H.R. 620, […]

On May 29, 2018, Zabell & Collotta, P.C. filed a petition for a writ of certiorari with the U.S. Supreme Court. This petition calls into question the Second Circuit’s February 26, 2018 en banc decision that reversed nearly fifty (50) years of precedent to hold sexual orientation to be a protected class as a subset […]

One of the major battles in the field of labor and employment law came to a resounding conclusion with employers across the country celebrating the Supreme Court’s 5-4 decision in the matter of Epic Systems Corp. v. Lewis. The majority decision, authored by Supreme Court Justice Neil Gorsuch, has determined that class and collective action […]

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute hostile-environment sexual harassment when the conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or of creating an intimidating, hostile, or offensive working environment. Such conduct can destroy lives and ruin businesses. […]

The U.S. Department of Labor recently issued a series of new Opinion Letters and a new Fact Sheet. In the course doing so, the Secretary of Labor restored the practice of issuing these important guidance documents which had been otherwise abandoned under the previous administration. Opinion Letters remain a useful tool for employers to ensure […]

Congress’s recent passage of the Consolidated Appropriations Act of 2018 (the “Act”) has significantly changed the rules for tip pooling under the Fair Labor Standards Act (“FLSA”). Although the circumstances for taking a tip credit toward federal minimum wage obligations remain essentially unchanged, the Act permits the inclusion of a larger group of workers in […]

On April 2, 2018, the U.S. Supreme Court issued an opinion involving the Fair Labor Standards Act (“FLSA”). Enacted in 1938, the FLSA is a federal statute that requires, inter alia, employers to pay covered employees who work more than 40 hours in a week time and a half. But the FLSA excludes many categories […]

The “Stop Sexual Harassment in NYC Act” is in its last leg following the New York City Council’s April 11, 2018 enactment of the eleven bills encompassing the Act. The Act, introduced just last month, is expected to be signed by New York City Mayor Bill de Blasio in short order. If enacted, private employers […]

In a recent change in legislation by New York City, private and public employers are to be prohibited from inquiring about a job applicant’s salary history. Legislators have stated they hope the regulation will assist in closing the pay gap experienced by women and people of color. The legislation was passed by the City Council […]