Rosu v. City of New York, No. 13-cv-243 (2d Cir. Feb. 7, 2014): Underlying this case, Mircea Rosu filed a complaint with the New York City Commission on Human Rights alleging that his manager and coworkers discriminated against him. After the Commission dismissed his complaint for lack of probable cause, Rosu filed an action in federal court pursuant to 42 U.S.C. § 1983. Rosu argued that the Commission’s procedures for investigating and processing administrative complaints violate the 14th Amendment’s due process requirements because the procedures permitted the dismissal of his complaint without a hearing. However, the Second Circuit Court of Appeals held that the lack of a hearing did not violate due process because the Commission provides an adequate review process and because, after dismissal by the Commission, claimants can appeal the determination to both the Commission and the New York courts. The Second Circuit also noted that requiring a hearing for a complainant to present his or her case prior to the initial determination would not necessarily make mistakes less likely, and would “undoubtedly” tax the resources of the Commission and slow the processing of complaints, potentially depriving others of their timely process. The decision therefore cuts off one potential avenue for review by claimants following dismissal by the Commission.
In addition to implementing a minimum wage rate increase, the ordinance that the Emeryville City Council unanimously approved on June 2, 2015 will provide paid sick leave to employees in Emeryville—over and above what is already provided to employees under state law.
National Labor Relations Board Full Of Drama – Courts Strike Down Controversial Rules And One Member Resigns
In the last several months, two courts handed down employer-friendly decisions invalidating (or at least delaying) the implementation of new rules instituted by the National Labor Relations Board (NLRB). One decision involved the so called “quickie election” or “ambush election” rules. The other decision addressed the notice posting rule. A summary of these key decisions follows, in addition to discussions of Board Member Terence Flynn’s resignation and the NLRB’s recently released report on social media policies.
City of Philadelphia Mayor Michael Nutter recently signed legislation prohibiting employers from making certain inquiries into the criminal history of a job applicant. The legislation, dubbed the “Ban the Box” law after the check box on job applications asking individuals if they have ever been convicted of a crime, prohibits employers from: