David Katz

David Katz

Mintz Levin

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New Jersey’s “Ban the Box” Bill Sent to Governor Christie’s Desk; Final Version More Employer-Friendly

In December, we wrote about New Jersey’s proposed “ban the box” measure, known as the Opportunity to Compete Act, making its way through the legislature – a law that would prohibit employers from inquiring about job...more

7/8/2014 - Ban the Box Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants Legislative Process Pending Legislation

Supreme Court to Review Whether Rulemaking is Required When DOL and Other Agencies Flip-Flop on Regulatory Interpretations

Last week, the U.S. Supreme Court agreed to review whether the Department of Labor must engage in notice-and-comment rulemaking in order to significantly alter its interpretation of the agency’s Fair Labor Standards Act...more

6/23/2014 - Administrative Procedures Act DOL Employment Policies FLSA Over-Time Rulemaking Process SCOTUS Wage and Hour

Employees Need Not Identify Specific Law, Rule or Regulation Violation in Pleading Retaliation Claim Under New York’s...

Earlier this month, in Webb-Weber v. Community Action for Human Services, Inc., New York’s highest court overruled several appellate court cases in holding that an employee need not identify the specific law, rule or...more

5/29/2014 - Corporate Counsel Employer Liability Issues Retaliation Whistleblower Protection Policies Whistleblowers

Another Judge Finds that Obesity May be a “Disability” Under the ADA

Yet another federal court judge, the Honorable Stephen N. Limbaugh, Jr. of the Eastern District of Missouri, recently ruled, in Whittaker v. America’s Car-Mart, Inc., that an employee’s severe obesity could constitute a...more

5/7/2014 - ADA ADAAA America's Car-Mart American Medical Association Disability Employer Mandates Obesity

Over Hill, Over Dale, the NLRB Pens Another Cautionary Tale: Board Strikes Down Work Rules Prohibiting Negativity and Gossip

The NLRB is back at it, finding last week in Hills and Dales General Hospital, that seemingly innocuous policies prohibiting negativity and gossip in the workplace and requiring employees to represent their employer in a...more

4/14/2014 - Employee Rights Employer Liability Issues Hospitals NLRB

Undercover Competitor: Modell’s CEO Allegedly Masquerades as Dick’s Sporting Goods Executive, Taking Corporate Espionage to a New...

Dick’s Sporting Goods has sued Modell’s Sporting Goods and its prominent fourth-generation CEO, Mitchell Modell, claiming Modell brazenly visited a Dick’s retail location and impersonated a Dick’s executive to unlawfully gain...more

3/7/2014 - CEOs Dick's Sporting Goods Identity Theft Industrial Espionage Modell's Sporting Goods Unfair Competition

Rocky Mountain High: Colorado High Court to Weigh in on Employers’ Ability to Enforce Drug Policies in the Face of...

Last week the Colorado Supreme Court decided to review a 2013 appellate court decision holding that Colorado employers may lawfully terminate employees for their off-duty use of medical marijuana even if they are not impaired...more

2/7/2014 - Decriminalization of Marijuana Disability Discrimination Dish Network Drug Testing Hiring & Firing Human Resources Professionals Marijuana Medical Marijuana Termination

Is New Jersey’s “Need Not Apply” Law Prohibiting Employers from Publishing Ads Discouraging Unemployed Job Seekers from Applying...

New Jersey’s Appellate Division last week upheld a 2011 statute (N.J.S.A. 34:8B-1) that bars employers seeking to fill job vacancies in New Jersey from knowingly publishing advertisements stating that job applicants must be...more

1/15/2014 - First Amendment Free Speech Job Applicants Unemployment Unemployment Discrimination

Will New Jersey Go “Ban The Box” And Beyond? New Jersey Takes Step To Prohibit Employers From Asking About A Job Applicant’s...

Recently, in a 6-3 vote, New Jersey’s Assembly Labor Committee advanced a bill (A-3837), known as the Opportunity to Compete Act, that would prohibit New Jersey employers with 15 or more employees from asking candidates about...more

12/31/2013 - Adverse Employment Action Ban the Box Criminal Records Employment Application Hiring & Firing Human Resources Professionals

Bill to Ban Pregnancy Discrimination Unanimously Passed by New Jersey Senate

Similar to recent legislation passed in New York City, the New Jersey Senate unanimously passed a bill on Monday that would explicitly prohibit employment discrimination based on pregnancy, childbirth, or medical conditions...more

11/25/2013 - Discrimination Gender Discrimination Pregnancy Pregnancy Discrimination Sex Discrimination

Paid Sick Leave Comes to New Jersey’s Second Largest City – Jersey City; is Newark, its Largest City Next?

On October 21, 2013, Jersey City Mayor Steven Fulop signed into law the Paid Sick Time Ordinance requiring private sector Jersey City employers with 10 or more employees to provide up to five days of paid sick leave per year...more

10/24/2013 - Employee Benefits Employee Rights Paid Leave Sick Leave

Mayor Bloomberg Vetoes Legislation Prohibiting Discrimination Against Unemployed

As we predicted in an earlier blog post, Mayor Michael Bloomberg has vetoed legislation aimed at prohibiting discrimination against New York City’s unemployed. ...more

2/25/2013 - Discrimination Legislative Vetoes Unemployment Unemployment Discrimination

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