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
3/20/2019
/ Amended Legislation ,
Anti-Retaliation Provisions ,
Arbitration Agreements ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Contract ,
Non-Disclosure Agreement ,
Private Right of Action ,
Settlement Agreements ,
State and Local Government ,
Unenforceable Contract Terms ,
Waivers
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
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
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
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
2/7/2019
/ Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
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
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
10/26/2018
/ Civil Rights Act ,
Department of Health and Human Services (HHS) ,
Educational Institutions ,
Gender Discrimination ,
Gender Identity ,
LGBTQ ,
Non-Discrimination Rules ,
Protected Class ,
School Restrooms ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Students ,
Title IX ,
Title VII ,
Transgender
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
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
8/24/2018
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Discrimination ,
Employer Liability Issues ,
Hiring & Firing ,
Public Accommodation ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites ,
Winn-Dixie Stores
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
5/10/2018
/ ABC Test ,
Employer Liability Issues ,
Equal Pay Act ,
Federal Agency Taskforce ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Independent Contractors ,
Misclassification ,
New Legislation ,
Pay Equity Laws ,
Popular ,
Sick Leave ,
State and Local Government ,
Wage and Hour
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
1/19/2018
/ Decriminalization of Marijuana ,
Executive Orders ,
Gender-Based Pay Discrimination ,
Governors ,
Legislative Agendas ,
LGBTQ ,
Local Governance ,
Marijuana ,
Minimum Wage ,
Minority-Owned Businesses ,
Paid Time Off (PTO) ,
Pay Gap ,
Salary/Wage History ,
Sick Leave ,
State and Local Government ,
State Elections ,
State Labor Laws ,
Unions ,
Wage and Hour ,
Women-Owned Businesses
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
12/6/2017
/ Comment Period ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Franchises ,
Minimum Wage ,
NPRM ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Wage and Hour
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
11/14/2017
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Hiring & Firing ,
Joint Employers ,
Legislative Agendas ,
NLRA ,
NLRB ,
Proposed Legislation ,
Staffing Agencies ,
Unions ,
Wage and Hour
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
7/14/2016
/ Bargaining Units ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Consent ,
Employees ,
Joint Employers ,
NLRA ,
NLRB ,
Staffing Agencies ,
Temporary Employees ,
Unions
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
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
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
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
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
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
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
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
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
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