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New Jersey Prohibits Particular Waiver and Non-Disclosure Provisions in Employee Contracts and Settlement Agreements

New Jersey continues to rewrite the employment law landscape under Governor Phil Murphy. On March 18, 2019, the state amended the New Jersey Law Against Discrimination (NJLAD) in two significant ways....more

New Jersey Expands Leave Benefits for Employees

The Governor of New Jersey on February 19, 2019, signed legislation that greatly expands the protections and benefits of the New Jersey Family Leave Act and the New Jersey Temporary Disability Benefits Law. Employers should...more

A Look at Critical New Labor and Employment Laws for 2019

As we begin 2019, employers nationwide must address a host of new obligations under state and local laws that will go into effect this year. With the decline in federal regulations under the Trump administration, states and...more

In early 2019, nineteen states will see an increase to their minimum wage. In all but one state, Michigan, this change took effect...

States and municipalities have tackled pay equity and minimum wage issues. Over the next few months, 19 states will see an increase in their minimum wage. ...more

The following three salary history laws took effect on January 1, 2019

States and municipalities have tackled pay equity and minimum wage issues. Regarding pay equity, there is a growing trend of laws and ordinances that place restrictions on employers when it comes to asking applicants about...more

Sexual Harassment Training Requirements effective January 2019

Beginning this year, employers in some states will be required to provide sexual harassment training for employees, including supervisors and management staff. Depending on the jurisdiction, the statute may dictate the...more

What Remedy for Transgender Students if HHS Succeeds in Narrowly Redefining Gender Under Title IX?

The U.S. Department of Health and Human Services (HHS) recently revealed the agency's proposal to narrow the legal definition of sex under Title IX, the federal civil rights law that bans discrimination based on sex in...more

New Jersey Court Rejects Punitive Damages Waivers in Employment Arbitration Agreements

The New Jersey Appellate Division recently held in Roman v. Bergen Logistics, LLC, that a provision in an arbitration agreement that requires an employee to waive claims for punitive damages under the New Jersey Law Against...more

A New Wave of Website Accessibility Litigation: Employers Beware

Employers across the country continue to face potential litigation over the accessibility of their websites to individuals with disabilities. The increase in website accessibility litigation under the Americans with...more

New Jersey Passes Laws on Sick Leave and Pay Equity; Will Tackle Worker Misclassification

A little more than 100 days into his tenure, New Jersey Governor Phil Murphy has made it clear that employment is one of his top priorities. In the past two weeks, Gov. Murphy has signed a Paid Sick Leave and an Equal Pay...more

A New Governor Takes Office: What NJ Employers Can Expect

Governor Phil Murphy—officially in office just two days—has already begun to implement many of the "progressive" policy changes he promised on the campaign trail and transform New Jersey into the "California of the East."...more

The DOL Proposes to Cut Tip-Pooling Restrictions

The U.S. Department of Labor (DOL) is proposing new rules that would provide some employers with more flexibility to count tips toward the federal minimum wage—particularly important for hospitality industry businesses such...more

House Passes Bill Limiting Joint-Employer Liability

The U.S. House of Representatives last week passed H.R. 3441—the Save Local Business Act—which, if enacted, would redefine the term "joint employer" under the National Labor Relations Act (NLRA) and the Fair Labor Standards...more

NLRB Allows Single Bargaining Unit for Sole and Joint Employer Employees

In the much-anticipated Miller & Anderson, Inc., decision, the National Labor Relations Board has reverted to a policy allowing solely employed and jointly employed employees to be represented in the same bargaining unit...more

Employers May Be Subject to Discrimination Claims by Staffing Agency Workers

The Third Circuit issued a decision last week holding that a temporary worker at a staffing agency can proceed with discrimination claims against the agency’s client to which he was assigned. In Faush v. Tuesday Morning,...more

Morristown Memorial Hospital: A Tax Exemption Ruling All Nonprofit Hospitals Need to Know About

A recent New Jersey Tax Court decision has nonprofit entities on edge. The decision may offer tax authorities the opportunity to pursue payments from nonprofit hospitals and may result in the redefining of tax exemptions by...more

SEC Challenges Employee Confidentiality Agreements

The Securities and Exchange Commission (SEC) recently announced that it brought (and resolved) an enforcement action against a company for allegedly discouraging whistleblower complaints by requiring employees to sign...more

New Jersey’s ‘Ban the Box’ Law Signed by Governor Christie

The Opportunity to Compete Act, which seeks to help individuals with criminal histories reintegrate into the workplace, was recently signed by New Jersey Governor Chris Christie. The “ban the box” law will prohibit most New...more

FTC and EEOC Issue Joint Guidance on Employer Use of Background Checks

A new joint publication of the Federal Trade Commission (FTC) and Equal Employment Opportunity Commission (EEOC) serves as a reminder to employers of the risks that come with the use of background information when making...more

Governor Christie Bolsters N.J.’s Law Against Discrimination To Expressly Protect Pregnancy and Childbirth

Last week, New Jersey Governor Chris Christie signed legislation amending the state’s powerful Law Against Discrimination (LAD) to provide increased protection for employees based on pregnancy, childbirth, or related medical...more

CFPB Warns Employers on Required Use of Payroll Cards

The Consumer Financial Protection Bureau has issued a bulletin warning employers that they cannot require employees to receive their wages on payroll cards. The bulletin appears to respond to the explosive growth in the use...more

New Law in New Jersey Requires Unpaid Leave for Domestic Violence, Sexual Assault Victims

Effective October 1, 2013, certain employers in New Jersey must provide up to 20 days of unpaid leave to employees who have been victims of domestic violence or sexual assault....more

Payroll Cards – The Inquiry Broadens

As we reported in our July 11 legal alert, New York Attorney General Eric Schneiderman has commenced an investigation into the widening practice of employers paying hourly employees through the use of prepaid payroll cards....more

N.Y. Attorney General Investigates Use of Payroll Cards

New York Attorney General Eric Schneiderman has launched an investigation into companies that pay hourly employees by depositing payroll onto prepaid cards. More than 20 large employers have received letters from Schneiderman...more

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