Tag Archives: Nancy L. Gunzenhauser

Posted on April 4, 2016 by Peter M. Panken, Nancy L. Gunzenhauser and Marc-Joseph Gansah

Employers Should Care About This: New York City’s Amendment on Caregiver Discrimination

The New York City’s Human Rights law (“NYCHRL”) prohibits employment discrimination against specified protected classes of employees and applicants including:

Employers Should Care About This: New York City’s Amendment on Caregiver Discrimination race, color, creed, age, national origin, alienage or citizenship status, gender, sexual orientation, disability, marital status, partnership status, any lawful source of income, status as a victim of domestic violence or status as a victim of sex offenses or stalking, whether children are, may be or would be residing with a person or conviction or arrest record.

If this list wasn’t long enough, on May 4, 2016, NYCHRL will add “caregivers” to the protected classes including, anyone who provides ongoing … Continue Reading

Posted on March 15, 2016 by Nancy L. Gunzenhauser

Reminder: All Philadelphia Employers Must Post New Ban-the-Box Poster

Nancy L. Gunzenhauser

One of the requirements of the amended Philadelphia ban-the-box law has gone into effect. As of March 14, 2016, Philadelphia employers are required to post a new poster provided by the Philadelphia Commission on Human Relations in a conspicuous place on both the employer’s website and on premises, where applicants and employees will be most likely to notice and read it.

The amended law strengthens the prohibition on requesting criminal conviction information prior to a conditional offer of employment. Employers in Philadelphia may no longer use a multijurisdictional application with a criminal conviction question, even where the … Continue Reading

Posted on February 26, 2016 by Epstein Becker & Green, P.C.

Fair Pay Law Amendments Pending in New Jersey, Massachusetts, and California

Our colleague Nancy L. Gunzenhauser has a Technology Employment Law blog post that will be of interest to many of our retail industry readers: “Three States Seek to Bolster Fair Pay Laws.”

Following is an excerpt:

Following on the tails of recent updates in New York and California’s equal pay laws, New Jersey, Massachusetts, and California all have bills pending in their state legislatures that would seek to eliminate pay differentials on the basis of sex and other protected categories. …

While states are leading the charge with updates to equal pay laws, the EEOC is also … Continue Reading

Posted on July 22, 2015 by Nancy L. Gunzenhauser, Judah L. Rosenblatt and Kate B. Rhodes

EEOC Rules Discrimination Based On Sexual Orientation Illegal Under Title VII

In the wake of several high-profile wins for the LGBT community, the U.S. Equal Employment Opportunity Commission (“EEOC”) added employment discrimination protection to the list. On July 16, 2015, the EEOC ruled that discrimination against employees based on sexual orientation is prohibited by Title VII of the 1964 Civil Rights Act of 1964 (“Title VII”) as discrimination based on sex.

The EEOC held that “[s]exual orientation discrimination is sex discrimination because it necessarily entails treating an employee less favorably because of the employee’s sex.” The EEOC noted that sex-based considerations also encompassed gender-based considerations under Title VII. This ruling, if … Continue Reading

Posted on June 30, 2015 by Nancy L. Gunzenhauser

Mayor Signs NYC Ban-the-Box Law

On Monday, June 29, 2015, Mayor Bill de Blasio signed into law the bill passed by the New York City Council “banning-the-box.” The law goes into effect on Tuesday, October 27, 2015. As discussed in our earlier advisory, the ban-the-box movement removes from an employment application the “box” that requests criminal conviction history. New York City’s law also imposes additional requirements upon the employer when making an adverse employment decision on the basis of criminal conviction history.… Continue Reading

Posted on June 10, 2015 by Barry A. Guryan and Nancy L. Gunzenhauser

Massachusetts AGO Provides Safe Harbor on New Sick Leave Law

On May 1, 2015, we reported on proposed regulations to the Massachusetts paid sick leave law, which becomes effective on July 1, 2015. The regulations have not yet been adopted, and in light of the uncertainty about many provisions of the law, the Massachusetts Attorney General’s Office has issued a “Safe Harbor for Employers with Existing Paid Time Off Policies.” Under the safe harbor, any employer with a paid time off policy in existence as of May 1, 2015, which provides employees with the right to use at least 30 hours of paid time off per year, will … Continue Reading

Posted on June 4, 2015 by Epstein Becker & Green, P.C.

Five Employment, Labor, and Workforce Management Concerns Impacting Retailers

Our colleagues Steven M. Swirsky; Adam C. Solander; Brandon C. Ge; Nancy L. Gunzenhauser; and August Emil Huelle contributed to Epstein Becker Green’s recent issue of Take 5 newsletter. In this edition, we address important employment, labor, and workforce management issues confronting retailers:

Posted on May 1, 2015 by Barry A. Guryan and Nancy L. Gunzenhauser

Massachusetts Issues Proposed Sick Leave Regulations

As we reported, last November, voters in Massachusetts approved a law granting Massachusetts employees the right to sick leave, starting on July 1, 2015. The law provides paid sick leave for employers with 11 or more employees and unpaid sick leave for employees with 10 or fewer employees. While the law set forth the basics, many of the details, which have differentiated the various sick leave laws across the country, were not previously specified (e.g., minimum increments of use, frontloading, documentation). The Massachusetts Attorney General’s Office (“AGO”) has set forth proposed regulations to guide employers in implementing the upcoming … Continue Reading

Posted on June 13, 2014 by Epstein Becker & Green, P.C.

Now Trending with Interns: More Protections Under the Law

By Nancy L. Gunzenhauser

As we’ve previously advised, make sure you are prepared for interns this summer! This summer there’s a new legal trend about interns. While wage and hour lawsuits are still hot, the new “it” trend seems to be laws that extend protection against discrimination and harassment for interns. Recently, states and cities have been adding interns to the protected individuals under their human rights laws.

Retailers have long used interns, both to provide training opportunities for the interns and to supplement their workforce over the summer months. Whether an intern should be paid or unpaid … Continue Reading

Posted on May 20, 2014 by Epstein Becker & Green, P.C.

Summer’s Coming! How to Handle Unpaid Internships

By Jeffrey Landes, Susan Gross Sholinsky, and Nancy L. Gunzenhauser

A hot topic for every summer – but particularly this summer – is the status of unpaid interns. You are probably aware that several wage and hour lawsuits have been brought regarding the employment status of unpaid interns, particularly in the entertainment and publishing industries. The theory behind these cases is that the interns in question don’t fall within the “trainee” exception to the definition of “employee” under the federal Fair Labor Standards Act (“FLSA”), as well as applicable state laws. If the intern does fall within this … Continue Reading

Posted on March 17, 2014 by Epstein Becker & Green, P.C.

DOL to Change Overtime Regulations

By Nancy L. Gunzenhauser

On March 13, 2014 President Obama issued a memorandum instructing the Department of Labor (“DOL”) to review and revise overtime regulations under the Fair Labor Standards Act (“FLSA”). Under the FLSA employees are eligible to receive overtime for all hours worked over 40 per week, unless they fall within certain specified exemptions. The most common of exempt classifications in the retail industry are executive, administrative, and commission sales.

The executive exemption applies to managers and supervisors who direct the work of others and who earn a salary of at least $455 per week. The administrative exemption… Continue Reading

Posted on February 20, 2014 by Epstein Becker & Green, P.C.

Top 5 Challenges for Retail Employers in 2014

Our Epstein Becker Green colleagues Susan Gross Sholinsky and Nancy L. Gunzenhauser discuss “Five New Challenges Facing Retail Employers” in this month’s Take 5 newsletter. Below is an excerpt:

Retailers face new challenges every day as a result of legislation, litigation, and technology. This Take 5 addresses some of these challenges. …

Read the full newsletter here.… Continue Reading

Retail Labor and Employment Law

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