Pastor v. Partnership for Children’s Rights, 10-cv-5167 (E.D.N.Y. Sept. 27, 2012): In this discrimination case, the Partnership for Children’s Rights sought to dismiss the complaint on the grounds that it was not an “employer” under Title VII of the Civil Rights Act and the Americans with Disabilities Act because it had less than 15 employees. The court dismissed the case and rejected the plaintiff’s argument that the defendant’s volunteers and interns worked as “employees.” The court reasoned that the volunteer attorneys were not employees because they received only continuing legal education courses and training, which were “not the type of substantial job-related benefits that give rise to an employment relationship.” The defendant’s interns also were not employees because any stipend or school credit the interns received came from their educational facility, and not from the defendant.
On September 21, 2012, New Jersey Governor Chris Christie signed into law a bill that will require New Jersey employers with 50 or more employees to post and distribute to employees a notice of their right to be free from gender-based pay discrimination in the workplace, and obtain employees’ acknowledgment…..
On December 18, 2015, President Obama signed the “Consolidated Appropriations Act, 2016” (H.R. 2029) into law. The law includes several important changes to the Visa Waiver Program (VWP) that are fundamentally identical to the VWP changes that the U.S. House of Representatives passed last month. The VWP allows eligible citizens of specified countries to enter the United States for tourism or business and remain for 90 days or less without B-1 or B-2 visitor visas.
California Court Affirms PAGA Claims Based on Cal/OSHA Violations: Are Further PAGA-Cal/OSHA Actions to Come?
In Sargent v. Board of Trustees of the California State University, the California Court of Appeal highlighted an important distinction between Private Attorneys General Act (PAGA) claims asserted against a public entity employer based on statutes that themselves provide for civil penalties and PAGA claims that are based on PAGA’s default civil penalties provisions under California Labor Code § 2699(f).