On July 30, 2018, the Occupational Safety and Health Administration (“OSHA”) announced a Notice of Proposed Rulemaking (NRPM) in the Federal Register to revise an Obama Administration regulation, Improve Tracking of Workplace Injuries and Illnesses. The proposed rule repeals the requirement for businesses with 250 or more workers to electronically submit information from the OSHA […]

Following President Trump’s nomination of U.S. Appellate Court Judge Brett Kavanaugh to Supreme Court Justice Anthony Kennedy’s open seat, much of the political discussion has revolved around Kavanaugh’s past statements regarding a sitting President’s immunity from criminal prosecution and investigation and whether Roe v. Wade will be overturned. However, one of the greatest impacts of […]

2nd U.S. Circuit Court of Appeals to Hear Case that Questions the Mandatory Court Approval of FLSA Settlements On October 23, 2017, a petition was granted by the Second Circuit Court of Appeals to consider whether parties can use a procedural rule to settle federal wage-and-hour lawsuits without abiding by the current framework that requires […]

A Magistrate Judge sitting the Southern District of New York denied, for the second time, a motion for conditional certification of a nationwide collective action against Barnes & Noble. It is well-settled that the burden for “first stage” certification is modest. Now, it would appear courts are willing to apply a “modest plus” approach after […]

In Janus v. AFSCME, the U.S. Supreme Court ruled, in its 5-4 decision, that employees who choose not to join labor associations — but who work in union shops and benefit from union-negotiated contracts without paying union dues — do not have to pay agency fees similar to ones paid by full-fledged members that go […]

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 & Associates 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 of […]

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. […]