Ivo Becica

Ivo Becica

Obermayer Rebmann Maxwell & Hippel LLP

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Wage and Hour Update – Federal and Local Laws on the Chopping Block

During the Obama administration, federal agencies enacted wage and hour regulations that tended to favor employees, even while the federal minimum wage remained unchanged. State and local governments also played a role,...more

2/9/2017 - DOL Executive Orders Federal Contractors Minimum Wage Paid Leave Preemption Trump Administration Wage and Hour White-Collar Exemptions

Predicting the Unpredictable - Labor and Employment Law Under President-Elect Trump

It’s been almost two weeks since Donald Trump was elected president, and information has been starting to emerge about his potential administration and policies. This week, HR Legalist examines some of the potential...more

11/21/2016 - Affordable Care Act Arbitration Agreements EEOC Federal Contractors Hiring & Firing Minimum Wage NLRB Paid Leave Sexual Orientation Discrimination Sick Leave Trump Administration Wage and Hour

Blurred Lines: Courts Still Unclear On When Sexual Orientation Discrimination is Illegal

Since its passage in 1964, Title VII of the Civil Rights Act has prohibited discrimination in employment on the basis of race, color, religion, sex and national origin. Title VII, which applies to all employers with 15 or...more

10/6/2016 - EEOC Gender Identity Job Applicants Sexual Orientation Discrimination Title VII

NJ Minimum Wage Increase on Hold – For Now

As predicted by HR Legalist in May, New Jersey Governor Chris Christie has vetoed a democratic-backed measure that would have gradually increased New Jersey’s minimum wage from $8.38 to $15 per hour over a four-year period. ...more

8/31/2016 - Governor Christie Governor Vetoes Legislative Agendas Minimum Wage

In Limbo: Fate of New OSHA Anti-Retaliation Rules Still Uncertain

As reported by HR Legalist, the Occupational Safety and Health Administration (OSHA) announced a set of new recordkeeping and reporting rules in May 2016. A central provision of the new rules, which requires employers of a...more

8/3/2016 - Anti-Retaliation Provisions Motion To Stay Notice Requirements OSHA Reporting Requirements Workplace Injury

Update: New Jersey Minimum Wage Bill Clears the Assembly

With the federal minimum wage stalled at $7.25 since 2009, HR Legalist has been tracking several developments to wage and hour law on both the federal level (via the pending overtime rule change recently reported by HR...more

6/1/2016 - Chamber of Commerce Constitutional Amendment Consumer Price Index General Assembly Minimum Wage Proposed Legislation Wage and Hour

The Wait is (Almost) Over: New Overtime Regulations Announced

Since March of 2014, HR Legalist has been tracking a big change to the federal overtime rules. When the preliminary rule was announced last July, the Department of Labor (“DOL”) made it clear that the exemption rules would...more

5/19/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Standard Duties Test Wage and Hour White-Collar Exemptions

“Up in Smoke – Are Employers Required to Accommodate Medical Marijuana Use?”

For reasons that are subject to debate, 4/20 has become known as a holiday for those who enjoy marijuana. However, over the course of many years, the face of “pot culture” has changed to include not only those lighting up...more

4/20/2016 - ADA Drug Testing Employment Policies Governor Wolf Hiring & Firing Medical Marijuana New Legislation Off-Duty Employees Popular Reasonable Accommodation Zero Tolerance Policies

One Step Closer: Big Overtime Change Sent to OMB

As previously reported by HR Legalist, the Department of Labor (“DOL”) has proposed an amendment to the Fair Labor Standards Act (“FLSA”) that will change the rules about which employees are exempt from overtime for working...more

3/16/2016 - DOL Exempt-Employees FLSA Minimum Salary OMB Over-Time Proposed Regulation Wage and Hour White-Collar Exemptions

Workplace Scents and Sensibility

Spring is beginning to bloom and for many of us this means taking time to stop and smell the flowers. However, those delightful smells of spring can trigger annoying and sometimes painful physical reactions for many who...more

3/10/2016 - ADA Disability Discrimination EEOC Employer Liability Issues Interactive Process Reasonable Accommodation Undue Hardship

NJ Wage Hike Proposal – Will Employers Feel the Burn?

Presidential candidate Bernie Sanders has been outspoken in his support of a $15/hour national minimum wage. However — at least for private employers – such a change can come only through joint action by both Congress and...more

2/25/2016 - Ballot Measures Chris Christie Constitutional Amendment Minimum Wage Proposed Legislation Wage and Hour

New Jersey’s New “Ban the Box” Regulations – Not too Bad?

Over the past five years, many cities, counties, and states have passed so-called “ban the box” laws – a trend that HR Legalist has been following in prior blog posts. In their most basic form, these laws require employers to...more

1/7/2016 - Ban the Box Criminal Background Checks Employment Application Hiring & Firing Job Applicants

Where’s the “Dislike” Button? 2nd Circuit Affirms Employee-Friendly Social Media Ruling

In my last post on HR legalist, I outlined the current state of the law regarding employee social media use. One trend I have been following is the National Labor Relations Board’s expansion of protections for employees who...more

11/6/2015 - Adverse Employment Action Employer Liability Issues Employment Policies Facebook NLRA NLRB Protected Concerted Activity Social Media Social Media Policy

“Like” it or Not? Tips for Addressing Employee Social Media Use

At first, employee social media use sounds like a matter of common sense. Candidates for a job should be careful what they post on social media sites, and make sure they’re not sharing any unsavory details about their past...more

10/15/2015 - Business Disparagement Discrimination Employer Liability Issues Employment Policies Facebook Harassment Hiring & Firing Hostile Environment Legal Recruiting LinkedIn Popular Social Media Account Ownership Social Media Policy Social Networks

Shots or Not? The Pros and Cons of Mandatory Workplace Flu Vaccination

While we continue to enjoy warm September weather, flu season (typically lasting from October through May) will soon be here. Many employers—health care providers in particular—are now considering or preparing to implement...more

9/23/2015 - ADA Best Management Practices CDC EEOC Employee Rights Employer Liability Issues Employment Policies Popular Religious Accommodation Vaccinations

Third Circuit Issues Employer-Friendly Ruling in Discrimination and Retaliation Case

On August 12, 2015, the Third Circuit Court of Appeals issued a precedential opinion in Jones v. SEPTA, a discrimination and retaliation claim brought by a former employee of the Philadelphia-area transit agency. The Third...more

8/21/2015 - Appeals Cat's Paw Discrimination Employer Liability Issues Fraud Gender Discrimination Hiring & Firing Internal Investigations Retaliation Termination Title VII

Major Overtime Rule Changes are Coming – Are you Prepared?

Since 1938, the Fair Labor Standards Act (“FLSA”) has set the federal minimum wage and mandated overtime pay (time and a half) for employees who work over 40 hours during a 7-day period. The FLSA exempts employees from the...more

7/2/2015 - DOL Exempt-Employees FLSA Multi-Factor Test Non-Exempt Employees NPRM White-Collar Exemptions

Employment Retaliation Claims – Still Alive and Well (and Potentially Dangerous)

Federal law and most state laws protect employees who complain about discrimination and harassment from retaliatory adverse employment actions (such as demotion or termination). Because retaliation claims can succeed even...more

5/29/2015 - Burden-Shifting But For Causation Discrimination EEOC Harassment Hiring & Firing McDonnell Douglas Formula Nassar Retaliation UT Southwestern Medical v Nassar Wrongful Termination

Philadelphia’s Paid Sick Leave Ordinance is Effective on May 13th – Are you Prepared?

On February 12, 2015, Philadelphia Mayor Michael Nutter signed a city ordinance requiring employers with 10 or more employees to provide 40 days of paid sick leave in a calendar year. ...more

5/11/2015 - Employer Mandates Local Ordinance Paid Leave Sick Leave

Anatomy of a (Big) Employment Verdict: Lessons from the Robertson Case

Last week, a federal jury in Pittsburgh awarded a former manufacturing employee, Sandra Robertson, over $13 million in damages in a gender discrimination and retaliation claim against her former employers, Hunter Panels LLC...more

4/27/2015 - Best Management Practices Corporate Counsel Employer Liability Issues Gender Discrimination Manufacturers Popular Retaliation Young Lawyers

More than Just a Fable – Why the “Cat’s Paw” Matters for Employers

The Fable - “The Monkey and the Cat” is a fable (dating back to the 17th century or perhaps earlier) about a monkey who persuades a cat to pull chestnuts from the embers of a fire, only to take the reward for himself...more

4/15/2015 - Cat's Paw Employer Liability Issues Managers Supervisors

Prepare, Don’t Panic – Seven Tips for Ebola Preparedness in the Workplace

While there have only been four confirmed cases of Ebola in the United States, public concern about the potential spread of the virus has been growing rapidly. Most experts agree that the U.S. health system is well-equipped...more

11/4/2014 - Ebola Employee Rights FMLA Safety Precautions

Beyond Essential Functions: The Role of Job Reassignments in Accommodating Employee Disabilities

Imagine for a moment that you are the HR Manager for a company with many physically demanding jobs. One of your employees submits a doctor’s note prohibiting her from lifting anything over 25 pounds. Mindful of your...more

10/2/2014 - ADA Corporate Counsel Disability Employee Rights Essential Functions Reasonable Accommodation

New Jersey Court Upholds Use of Job Application to Shorten Statute of Limitations for Employment Claims

According to a recent decision from New Jersey’s intermediate appellate court, employers in New Jersey can now reduce the statute of limitations for employment claims by adding the appropriate language to their job...more

7/8/2014 - Discrimination Employee Rights Employer Liability Issues Harassment Retaliation Statute of Limitations

What You Don’t Know Can’t Hurt You: The Lack of Knowledge Defense in Employment Retaliation Claims

When it comes to minimizing the risk of employment retaliation claims, can ignorance be bliss? In today’s competitive business environment, “what you don’t know can’t hurt you” may sound naïve. But in the employment...more

2/12/2014 - Affirmative Defenses EEO EEOC Employer Liability Issues Retaliation

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