Employment Law This Week®: NJ’s Equal Pay Act, FLSA Opt-Ins, “Ambush Election” Rule, Guidance on New Tax Credit

by Epstein Becker & Green
We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact your work. Join us every Monday for a new five-minute episode! Read the firm's press release here and subscribe for updates.

This week’s stories include ...

1. New Jersey Passes Diane B. Allen Equal Pay Act

Our See more +

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact your work. Join us every Monday for a new five-minute episode! Read the firm's press release here and subscribe for updates.

This week’s stories include ...

1. New Jersey Passes Diane B. Allen Equal Pay Act

Our top story: New Jersey passes sweeping equal pay legislation. Governor Murphy has signed what some claim are the strongest equal pay restrictions in the country. The new legislation amends the state’s Law Against Discrimination to prohibit employers from paying members of a protected class less than other employees for substantially similar work. The legislation allows employees in protected classes to recoup up to six years of back pay and prohibits employers from taking action against employees who discuss wages. Denise Dadika, from Epstein Becker Green, has more:

“It is broader than the federal Equal Pay Act and many state laws, including New York, which limit the protections to sex. New Jersey law requires that employers provide equal compensation and benefits for substantially similar work. This is another departure from the federal law, which requires equal pay for equal work. Employers should work with legal counsel to conduct privileged pay equity studies to identify any wage differentials and to determine whether they can justify those wage differentials under New Jersey's law. In the event that they find unresolved pay differences, once the Act is in effect, they cannot correct those by lowering the wage of the higher earner. Going forward, employers also need to carefully document any wage differentials, whether it’s based on the hiring salary, bonuses, merit increases, or any other compensations, to demonstrate that those wage differentials were based on legitimate business reasons.”

2. Eleventh Circuit: Plaintiffs Can “Opt In” to FLSA Suits

The U.S. Court of Appeals for the Eleventh Circuit says that individuals can choose to become plaintiffs when a Fair Labor Standards Act collective action is not certified. The three-judge panel rejected a district court’s ruling that three dancers did not qualify as parties because the original lead plaintiff lost her bid for conditional class certification. As the three dancers filed written consents to join the suit, and because the lower court did not determine they were not similarly situated to the original plaintiff, the Eleventh Circuit found that their claims should not have been dismissed with prejudice.

3. NLRB GC Robb Suggests Change to Election Rule

Peter Robb, General Counsel of the National Labor Relations Board (NLRB), weighs in on the NLRB’s 2014 "ambush election" rule. Robb, who was appointed by President Trump and confirmed last year, recently suggested increasing the minimum required time between the filing of a petition and a vote on union representation, from eight to at least 12 days. Also, Robb commented that the NLRB’s regional directors should have the ability to extend hearing dates by an additional three days. He characterized these ideas as an effort to "streamline the process." The NLRB’s Request for Information on those rules closed on April 18. Close to 7,000 comments were received.

4. IRS Issues Guidance on New Tax Credit

The Internal Revenue Service has issued FAQ guidance on the new employer tax credit for paid family and medical leave. The Tax Cuts and Jobs Act of 2017 added the credit for businesses that voluntarily offer paid family and medical leave for employees. To receive the credit, employers must provide at least two weeks a year of paid family and medical leave to all qualifying full-time employees. The guidance defines qualifying employees, explains how the credit is calculated, and clarifies how the credit impacts deductions for wages paid to an employee on leave.

5. Tip of the Week

Lenora Billings-Harris, Diversity Strategist for Ubuntu Global, provides advice on enhancing intentional inclusion in the workplace:

“So, often when I'm speaking to leaders about unconscious bias or employee engagement, they ask me the same question. That question is, ‘What can I do to be more comfortable around people different than myself?’ My answer is always the same. It's be basic. Now, ‘B BASIC’ is actually an acronym. The first ‘B’ stands for breathe. Be willing to take in the oxygen necessary for your brain's protein and glucose to get in gear and enable you to slow down, to become calm. The second ‘B’ is be the other. What I mean by that is be willing to go to places where you are the person who is different. Ask for feedback. Suspend judgment. Include others. The last letter is ‘C.’ Check your ego at the door. ..."

Watch the episode and subscribe for notifications: EmploymentLawThisWeek.com See less -


Other MultiMedia by Epstein Becker & Green

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Epstein Becker & Green | Attorney Advertising

Written by:

Epstein Becker & Green

Epstein Becker & Green on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.