Cohen Seglias Summer Associate Jordan L. Cramer also contributed to this article.

On August 12, 2019, Governor Andrew Cuomo signed new legislation (Senate Bill S6577, A8421) making it significantly easier for employees to file sexual harassment lawsuits in New York. Harassment law in New York is now dramatically different than it is in other states. All businesses with employees in New York need to understand the new rules, revise their employee handbooks to comply with the revised standards, and provide mandatory harassment training to their employees.

Here’s a quick summary of the most important provisions in the new law: 
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The past six months have seen plenty of activity from the Occupational Safety and Health Administration (OSHA). The following recaps the developments affecting the construction industry. As each changes the regulatory landscape, construction professionals should take heed to ensure compliance initiatives stay up to date.

The Fifth Circuit Joins the Club of Jurisdictions Enforcing “Multi-Employer Worksite Doctrine” 
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On March 7, 2019, the United States Department of Labor issued a proposed new overtime rule that will raise the minimum salary threshold for workers to qualify for the white-collar exemption to the overtime provisions of the federal Fair Labor Standards Act (FLSA). Under the proposed Rule, the salary threshold will increase to $679 per week (equivalent to $35,308 annually) from $455 per week (equivalent to $23,660 annually), expanding overtime eligibility to more than one million workers. 
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I’m a management-side employment lawyer. It’s my job to go to court and defend employers and executives accused of all different types of misconduct, including sexual harassment. Over the last 20 years, I have seen it all. Some of my cases involve relatively tame allegations, like telling dirty jokes around the watercooler. And I have also been involved with cases involving extremely serious accusations, including indecent exposure, unwanted touching, and sexual assault. I spent a fair amount of time watching the Kavanaugh hearings. Like everyone else I know, I have a strong opinion on whether or not the nomination should be approved, but I did not write this article to share my personal opinions. There are enough political commentators on cable news shows doing that already. From an employment litigation and human resources perspective, there are several important lessons to be learned.

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Join us for our 10th Annual Labor & Employment Law Seminar where our attorneys will lead interactive discussions on the latest issues impacting your business.

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Event Details

8:00 AM-12:00 PM
Thursday, April 26, 2018
The Omni William Penn Hotel
530 William Penn Place
Pittsburgh, PA 15219
Thursday, May 3, 2018
Hershey Country Club
1000 East Derry Road
Hershey, PA 17033
Thursday, May 10, 2018
The Franklin Institute
222 North 20th Street
Philadelphia, PA 19103

Cost: No Charge

CLE & CPE credits available


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Breastfeeding is now a protected act and category under New Jersey’s Law Against Discrimination (“NJLAD”). Employers are prohibited from discriminating against an employee in compensation, hiring, or firing because they breastfeed. This is a pivotal amendment to New Jersey’s civil rights law as it applies, unlike the similar federal law, to employers regardless of size (the federal counterpart is applicable only to employers with 50 or more employees). 
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Last month a bill was introduced to the New Jersey State Assembly (A-5287) by Assemblymen John McKeon (Essex and Morris) and Jon Bramnick (Morris, Somerset, and Union) that would bar provisions in employment contracts that waive any substantive or procedural rights or remedies. The bill also seeks to prohibit agreements that conceal any details relating to discrimination claims. 
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For employers, the tide is making its long awaited turn in our nation’s capital at the National Labor Relations Board (“NLRB”). Last week, the NLRB reversed precedent on four significant rules that were widely viewed as favorable to unions and a proverbial thorn in the side of employers and the business community. Here is a snapshot of last week’s activity: 
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This article was originally published in the 2017 edition of the Utility and Transportation Contractor Association’s Magazine.

If you are a union contractor, you are probably making contributions into one or more union pension funds every month. These pension funds, known as multi-employer pension plans (MEPs), rely on a number of employers paying their share toward a common fund. Notably, because of the nature of these pension plans, many (if not all) of them are underfunded and do not presently have enough assets to cover their expectant liabilities. However, despite underfunding, employees are still entitled to their full pension benefits. But who is responsible for this unfunded amount, and what happens if you exit the fund? 
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We are pleased to announce that eleven Cohen Seglias attorneys were selected to this year’s Pennsylvania Super Lawyers list and eight attorneys to the Pennsylvania Rising Stars list in the areas of Construction Litigation, Government Contracts, Employment & Labor, and Employment Litigation: Defense. The Super Lawyers list recognizes no more than 5 percent of attorneys in each state, and no more than 2.5 percent in each state for the Rising Stars list.

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