Seyfarth Synopsis: The minimum wage will increase for New Jersey employers effective January 1, 2021. It is also that time of year when we remind our clients with operations in New Jersey of their obligation to distribute...more
Effective November 11, 2020, New York amended its Worker Adjustment and Retraining Notification Act (“NY WARN Act”) by expanding the government entities that must receive notice of a NY WARN Act triggering event, such as a...more
11/20/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Hiring & Firing ,
Infectious Diseases ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
Notice Requirements ,
State and Local Government ,
State Labor Laws ,
WARN Act
Seyfarth Synopsis: The New York State Department of Labor has issued guidance concerning the recently enacted Salary History Ban. The guidance covers, among other topics, whether employers can consider the salaries of...more
1/27/2020
/ Employer Liability Issues ,
Employment Policies ,
Equal Pay ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
New Guidance ,
Pay Equity Laws ,
Pay Gap ,
Risk Management ,
Salary/Wage History ,
State and Local Government ,
State Labor Departments ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: Governor Murphy signed 153 bills into law on January 20, 2020, including six (6) that increase enforcement mechanisms for state agencies to impose certain penalties against employers who misclassify workers...more
1/27/2020
/ Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Law Violations ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Penalties ,
Posting Requirements ,
Regulatory Requirements ,
State and Local Government ,
State Labor Laws ,
Stop Work Orders ,
Wage and Hour ,
Wage Theft
Seyfarth Synopsis: New Jersey Has Joined California and New York as the Third State to Formally Amend Its Anti-Discrimination Laws to Include Hairstyle Discrimination as a Form of Race-Based Discrimination. This Law is...more
Seyfarth Synopsis: Weeks before the Fair Workweek Law was set to become effective, the Philadelphia Mayor’s Office of Labor announced that the law’s effective date would be postponed until April 1, 2020. Additionally, the...more
12/6/2019
/ Delays ,
Employee Rights ,
Employer Liability Issues ,
Fair Workweek ,
Food Service Workers ,
Hiring & Firing ,
Local Ordinance ,
Restaurant Industry ,
State and Local Government ,
Wage and Hour ,
Work Schedules
Seyfarth Synopsis: This week, New York state expanded a state Equal Pay Act, making it illegal to pay someone less based on characteristics including race, religion, disability or gender identity, and also other protected...more
7/19/2019
/ Employer Liability Issues ,
Equal Pay ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Race Discrimination ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: Just before the end of the legislative session, lawmakers in New York introduced the “Dependent Worker Act,” which proposes to provide workers in the gig economy with certain rights, including the right to...more
Seyfarth Synopsis: On August 10, 2018, New Jersey’s Department of Labor and Workforce Development and the United States Department of Labor signed a cooperation agreement aimed at further increasing employee protections by...more
Seyfarth Synopsis: On May 3, 2018, Governor Phil Murphy signed an Executive Order establishing the Task Force on Employee Misclassification, which is effective immediately. ...more
5/4/2018
/ Employee Definition ,
Employer Liability Issues ,
Executive Orders ,
Federal Agency Taskforce ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
New Legislation ,
State and Local Government ,
Wage and Hour
Seyfarth Synopsis: The U.S. District Court for the District of New Jersey recently held that the proper time for a plaintiff to elect whether to proceed with a statutory whistleblower claim under CEPA, or a common law Pierce...more
2/12/2018
/ CEPA ,
Common Law Claims ,
Discovery ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Retaliation ,
Summary Judgment ,
Whistleblower Protection Policies ,
Whistleblowers ,
Wrongful Termination
Seyfarth Synopsis: The New Jersey employers were dealt an “emotional” blow when the New Jersey Supreme Court, in Cuevas v. Wentworth Group, affirmed a trial court’s denial of an employer’s request for remittitur of the...more
10/12/2016
/ Corporate Counsel ,
Discrimination ,
Disparate Treatment ,
Emotional Distress Damages ,
Employer Liability Issues ,
Employment Discrimination ,
Harassment ,
Hiring & Firing ,
NJ Supreme Court ,
Race Discrimination ,
Remittitur ,
Retaliation
Seyfarth Synopsis: Board panel found that long-term care facility acted for an “independent unlawful purpose” when it permanently replaced striking workers allegedly in order to teach the union and strikers a lesson and to...more
As we have previously noted, the EEOC continues to push the envelope on many fronts, including new theories/arguments in cases brought under Americans With Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), such as its...more
1/8/2016
/ Americans with Disabilities Act (ADA) ,
AutoZone ,
Corporate Counsel ,
Disability Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Jury Instructions ,
Popular ,
Reasonable Accommodation ,
Wellness Programs ,
Young Lawyers
In today’s post, we have answered some of the most frequent and significant questions that we are asked about trade secret disputes and employment risks.
1. Could you provide a brief snapshot of current trends in...more
9/21/2015
/ Bring Your Own Device (BYOD) ,
Cloud Computing ,
Computer Fraud and Abuse Act (CFAA) ,
Confidential Information ,
Data Protection ,
Data Theft ,
e-Discovery ,
Economic Espionage Act ,
Electronically Stored Information ,
Employee Privacy Rights ,
European Economic Area (EEA) ,
Hiring & Firing ,
Misappropriation ,
Mobile Device Management ,
Mobile Devices ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Proprietary Information ,
Trade Secrets
In a case we have previously blogged about several times due to spoliation sanctions imposed on the EEOC – most recently here - the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling out of the Middle District of...more