The claim of a male employee arguing that he was afforded child care leave rights inferior to those afforded his female co-workers has survived summary judgment in his Title VII gender discrimination suit pending in the Eastern District of New York. Ehrhard v. Lahood, 2:09-cv-01793-JFB-AKT (Mar. 28, 2012). Ehrhard, a male air traffic controller, asserted that his female peers were entitled to more favorable arrangements for requesting leave for child-care purposes, such as the women’s opportunity to verbally request Leave Without Pay without documentation, requests that were routinely approved. Ehrhard, on the other hand, claimed that he was required to indicate the type of leave that he was taking and the reason for his request, and his requests were denied. The court denied summary judgment for the employer, noting that the employee presented a question of material fact as to whether the disparate treatment was based on his gender. With more men taking on or sharing child-care responsibilities, this decision provides a sound reminder to employers about the dangers of differentiating between women and men in terms of child-care related leave.
On November 8, 2016, voters approved Nevada’s Initiative to Regulate and Tax Marijuana (more commonly known as Question 2) by a margin of 54 percent to 46 percent. When codified and enacted, this law will be cited as the Regulation and Taxation of Marijuana Act. This act will become effective on January 1, 2017, and Nevada’s Department of Taxation will be required to adopt all regulations necessary to execute the act’s provisions no later than twelve months after this date.
Recently, 106 labor law professors and labor studies academics filed a rulemaking petition with the National Labor Relations Board (NLRB) seeking an administrative rule that would require employers to provide “equal time” to union organizers to campaign on employer-controlled premises at the employer’s cost. This “equal time” requirement would be imposed if an employer conducted meetings at any time after the employer first became aware of a union organizing campaign or had a sense that such a campaign was likely to be launched.
Massachusetts AG Announces Safe Harbor Delaying Full Implementation of New Earned Sick Time Law for Some Employers
On May 18, 2015, the Massachusetts Attorney General’s Office (AGO) held the first of several public hearings on proposed regulations concerning implementation of the new earned sick time law passed by Massachusetts voters in November 2014. At that hearing, Attorney General Maura Healey stated that the AGO intends to proceed with implementing the law as of its July 1, 2015 effective date and that the AGO is on track to finalize implementing regulations ahead of that date.