October 21, 2021 | New York Law Journal
New World, New Rules, New Normal: Responding to Workplace COVID-19 ExposureThis is the last article in a three-part series designed to help New York employers navigate their legal obligations concerning vaccination protocols that appear necessary for planning and implementing a safe and compliant return to work. This final installment focuses on how employers can and should respond to infection events and workplace exposure to COVID-19 among a fully or partially vaccinated workforce.
By Lindsay C. Stone and Brian D. Murphy
8 minute read
October 12, 2021 | New York Law Journal
New World, New Rules, New Normal: Handling Vaccination Accommodation RequestsThis three-part series is designed to help New York employers navigate their legal obligations concerning vaccination protocols that appear necessary for planning and implementing a safe and compliant return to work. This installment focuses on how to handle accommodation requests made in response to an employer's COVID-19 vaccination policy.
By Brian D. Murphy and Lindsay C. Stone
8 minute read
September 21, 2021 | New York Law Journal
New World, New Rules, New Normal: Implementing a Mandatory Vaccination PolicyThis three-part series is designed to help New York employers navigate their legal obligations concerning vaccination protocols that appear necessary for planning and implementing a safe and compliant return to work. This installment focuses on best practices for implementing vaccination policies.
By Lindsay C. Stone and Brian D. Murphy
8 minute read
October 23, 2020 | New York Law Journal
Pay Equity In the Era of COVID and the Black Lives Matter MovementThe Black Lives Matter movement and the COVID-19 pandemic have increasingly prompted employers to consider workplace fairness issues from a value-based perspective rather than from a standpoint motivated by legal compliance.
By Michelle Rauschenbach and Brian D. Murphy
7 minute read
February 21, 2020 | New York Law Journal
Equal Theories of Liability? Pay Disparity Claims Under the Equal Pay Act and Title VII of the Civil Rights ActWhile the narrower goal of the EPA is reflected in the broader goals of Title VII, the proofs and defenses for each intersect and diverge by equal measure, demanding forethought and agility in litigation.
By Brian D. Murphy
8 minute read
April 12, 2019 | Corporate Counsel
Remediating Risks Revealed in a Pay Equity Audit: Part IIIA thorough pay equity audit will inevitably reveal wage gaps among certain groups of comparable employees. These pay gaps may be attributable to permissible, nongender based factors such that no further action is necessary.
By Brian D. Murphy and Jonathan Stoler
6 minute read
April 11, 2019 | Corporate Counsel
Pay Equity Audits as a Risk Identification Tool: Part IIEmployers faced with navigating the wave of new and potential legislation directed at remediating pay equity issues would be wise to proactively to address the issue.
By Brian D. Murphy and Jonathan Stoler
5 minute read
November 21, 2017 | New York Law Journal
Working Hard or Playing Hard? eSports and the Fair Labor Standards ActBrian D. Murphy writes: As with any new industry, the challenge to be faced by eSports employers and practitioners is adapting old laws and regulations to a paradigm that was not, and could not, have been contemplated at the time of enactment or implementation.
By Brian D. Murphy
15 minute read
February 09, 2017 | New York Law Journal
Maximizing Confidentiality of Settlements of Individual Claims Under the FLSABrian D. Murphy of Sheppard, Mullin, Richter & Hampton writes: Employers often prioritize preserving the confidentiality of the terms of a settlement of a pending or threatened litigation. Given that confidentiality is frequently a key incentive to enter into a settlement, with respect to a great many claims, it is respected and permitted by the courts. Where a settlement concerns individual claims under the Fair Labor Standards Act, however, an employer faces steep challenges in securing confidentiality.
By Brian D. Murphy
9 minute read
November 08, 2016 | Law.com
New FLSA Overtime Regulations: Planning for Costs of ComplianceThe new overtime regulations under the Fair Labor Standards Act's "White-Collar Exemptions" will be effective Dec. 1, 2016, barring action on recently…
By Brian D. Murphy
5 minute read
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