Reaffirming its confidence in the thought leadership and experience within Greenberg Traurig, LLP’s Labor & Employment Practice, the American Bar Association appointed a pair of the firm’s shareholders for key
Continue Reading Greenberg Traurig Labor & Employment Shareholders Selected for ABA International Employment Committee

Whether the 5-4 Supreme Court decision in Thole vs. U.S. Bank on June 1 is “good news” for employers and will limit lawsuits by defined benefit participants, as some commentators
Continue Reading Greenberg Traurig Attorneys Jeffrey Mamorsky and Jonathan Sulds’ Pen ERISA Column in Pensions and Investments

In California, it is well established that non-compete provisions are unenforceable, subject to certain statutory exceptions. But what about non-compete provisions that are ambiguous as to their protection of confidential information or trade secrets? Recently, when faced with such a provision, one California federal court narrowly construed the provision to find it enforceable.
Continue Reading Are Restrictive Covenants Enforceable in California? It Depends.

Last week, California Governor Jerry Brown signed into law the Gender Non-Discrimination Act (AB 887), which changes the language of the state anti-discrimination law to specifically include gender, gender identity and gender expression as enumerated protected categories. The governor also signed into law the Vital Statistics Modernization Act (AB 433), which streamlines the process by which transgender individuals may correct the gender marker on their birth certificates.
Continue Reading California Enacts Two Trans Rights Bills

On September 9, the Ninth Circuit ruled that Washington State social workers are not “learned professionals” exempt from FLSA overtime pay requirements, despite “rigorous” educational and training requirements for the
Continue Reading Ninth Circuit Rules That State Social Workers Are Not “Learned Professionals” Exempt from Overtime Pay

New York City has adopted a new, higher standard that employers must meet if they decline to accommodate an employee’s religious observance or practice on the grounds that the accommodation would constitute an “undue hardship.” On August 30, 2011, Mayor Bloomberg signed Local Law 54, which amended the definition of undue hardship in the New York City Human Rights law to match the definition provided in the comparable state law.

Title VII of the Civil Rights Bill of 1964, as amended, requires employers to reasonably accommodate the religious practices of an employee or prospective employee, unless doing so would impose an undue hardship upon the employer. Under Title VII, an undue hardship occurs if the employer would incur anything other than minimal costs in accommodating an employee’s religious practices. The New York State Human Rights Law, however, provides that an employer may only be excused from the duty to accommodate the observance or practice if the accommodation would require “significant expense or difficulty.” Local Law 54 brings the standard for showing undue hardship up from the easier Title VII standard to the more onerous standard set by the New York State law.


Continue Reading New York City Adopts More Stringent Standard for Showing “Undue Hardship”