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BT Currents - Hot Topics in Employment Law

11 Sep Obama Executive Order Mandates Broadly Defined Paid Sick Leave for Federal Contractors

On Sept. 7, President Barack Obama issued an Executive Order directing that all new federal procurement contracts contain a clause specifying that all employees whom perform work under a federal contract or subcontract shall earn not less than 1 hour of paid sick leave for every 30 hours worked. Significantly, the Executive Order also contains a broader definition of “paid sick leave” than employers customarily have provided.   Under the Executive Order, paid sick leave includes not only absences due to physical or mental illness,…

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04 Sep Second Circuit Clarifies Viability of Retaliation Claim Under Section 1983 For Having Complained of Discrimination

Recently, the U.S. Court of Appeal for the Second Circuit, resolved confusion surrounding the viability of retaliation claims under 42 U.S.C. § 1983, clarifying that a plaintiff can bring an action under Section 1983 for retaliation based on complaints of discrimination. In the case at issue, Vega v. Hempstead Union Free School District, plaintiff was a bilingual high school teacher with many years of service, who alleged discrimination based on his “Hispanic ethnicity” and retaliation under Title VII and Section 1983 against the school district,…

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03 Sep Choose Your Words Wisely

In Figueroa v. Village of Melrose Park, a former female probationary officer filed a lawsuit alleging gender and race discrimination. Of relevance to this post, the plaintiff’s police chief expressed concern that she would be a liability because the plaintiff would be unable to defend herself in a confrontation with a “200-pound man.” In denying summary judgment, the district court held that this remark amounted to direct evidence of gender discrimination. While some may argue that the remark was nothing more than a “real world”…

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02 Sep Man Bites Dog: Court Vacates Arbitration Award Against Sexual Harasser

It is the rare occasion when a court throws out an arbitration award. Typically the court’s ability to do so is quite limited by statute and/or the collective bargaining agreement under which the arbitration award. But a New York appellate court recently vacated an arbitrator’s award that put a bus driver (and union official) back to work even though he did not even show up to a hearing to contest sexual harassment charges against him. Recognizing its limited ability to vacate an arbitration award, the court…

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01 Sep Comment Period for Controversial Overtime Rule Closes Soon

The U.S. Department of Labor (DOL) will not extend the comment period for its controversial proposed Overtime Rule, which was formally published on July 6, 2015. As a result, the comment period will close Friday, Sept. 4, 2015. Comments can be submitted on the proposed Overtime Rule at www.regulations.gov.   The proposed Overtime Rule sparked controversy as it would extend overtime protections to persons currently falling within the exempt status definition under the Fair Labor Standards Act (FLSA). Currently, to qualify as exempt from the…

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