Seyfarth Synopsis: Governor Murphy has signed multiple Executive Orders which will lessen the COVID-19 restrictions on non-essential construction projects and non-essential retail businesses, permit “car gatherings,” allow...more
Seyfarth Synopsis: New Jersey extends its Family Leave Act, disability and paid family leave laws by offering leave to employees to care for a family member in the event of an epidemic of a communicable disease, or in...more
Seyfarth Synopsis: Last year, as part of the New York State FY 2020 Budget, Section 3-110 of the New York State Election Law was amended to increase the amount of paid time off that employees could take to vote in any...more
4/14/2020
/ Amended Rules ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Federal Elections ,
Governor Cuomo ,
Local Elections ,
Paid Leave ,
Posting Requirements ,
State and Local Government ,
State Elections ,
Voting Leave ,
Voting Rights
Seyfarth Synopsis: On April 13, 2020, Governor Cuomo issued Executive Order (“EO”) 202.16, requiring employers to provide essential workers with face coverings to wear when in direct contact with customers or the public.
...more
Seyfarth Synopsis: On March 25, Governor Phil Murphy of New Jersey signed into law expansive leave protections, mainly triggered by the declaration of a state of emergency, under the Earned Sick Time, Family Leave, Family...more
Seyfarth Synopsis: As concerns about community spread of the 2019 Novel Coronavirus disease (“COVID-19”) mount, New Jersey has taken measures to ensure social distancing and help “flatten the curve” and slow the spread of...more
Seyfarth Synopsis: As described in our prior alerts here and here, Governor Murphy and the State Director of Emergency Management have executed increasingly restrictive legislation, executive orders and administrative orders...more
UPDATE: On March 19, 2020, Governor Murphy and the State Director of Emergency Management announced an Administrative Order mandating the closure of all personal care businesses which cannot comply with social distancing...more
Seyfarth Synopsis: On February 18, 2020, Governor Phil Murphy announced proposed legislation amending New Jersey’s anti-workplace harassment laws for both public and private employers. ...more
2/21/2020
/ Anti-Discrimination Policies ,
Employee Definition ,
Employee Training ,
Employer Liability Issues ,
Harassment ,
Hostile Environment ,
Labor Regulations ,
Legislative Agendas ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Requirements ,
Reporting Requirements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Statute of Limitations
Seyfarth Synopsis: On the heels of becoming the first state to mandate severance for workers laid off as part of a mass layoff, New Jersey just may become the second state to pass a statewide predictable scheduling law if a...more
2/10/2020
/ Collective Bargaining Agreements (CBA) ,
Covered Employees ,
Employee Rights ,
Employer Liability Issues ,
Fair Workweek ,
Labor Regulations ,
Legislative Agendas ,
Notice Requirements ,
Proposed Legislation ,
Recordkeeping Requirements ,
Regulatory Agenda ,
Regulatory Requirements ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
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: A proposed amendment to New York State regulations would eliminate the “tip credit” for a wide variety of workers....more
1/6/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Job Duties ,
Labor Regulations ,
Minimum Wage ,
New Guidance ,
Regulatory Standards ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour ,
Wage Orders
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: A newly enacted New York State law will hold the top ten members of out-of-state LLCs personally liable for unpaid wages. This new law is one of several key wage and hour proposals originally advanced by...more
12/16/2019
/ Corporate Counsel ,
Employer Liability Issues ,
Labor Law Violations ,
Liability ,
Limited Liability Company (LLC) ,
New Legislation ,
Out-of-State Companies ,
Personal Liability ,
State and Local Government ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: The minimum wage will increase for New Jersey employers effective January 1, 2020. It is also that time of year when we remind our clients with operations in New Jersey of their obligation to distribute...more
Seyfarth Synopsis: The Second Circuit held that FLSA settlements pursuant to Rule 68 Offers of Judgment do not require judicial approval. The Court distinguished such settlements from Rule 41 stipulated dismissals, which...more
12/10/2019
/ Carve Out Provisions ,
Confidentiality Agreements ,
Corporate Counsel ,
Court Approval ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Interlocutory Appeals ,
Offer of Judgment ,
Rule 41 ,
Rule 68 ,
Settlement Agreements ,
Settlement Negotiations ,
Stipulated Judgment ,
Unpaid Overtime ,
Unpaid Wages ,
Wage and Hour
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: The New York State Labor Law has been amended to prohibit employment discrimination “based on an employee’s or a dependent’s reproductive health decision making.” The law not only prohibits discrimination...more
11/22/2019
/ Corporate Counsel ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Discrimination ,
Human Rights ,
Labor Regulations ,
NYCHRL ,
Private Right of Action ,
Reproductive Discrimination ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for New York employers effective December 31, 2019....more
11/14/2019
/ Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Labor Regulations ,
Local Ordinance ,
Minimum Wage ,
State and Local Government ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: A new decision reinforces that the National Labor Relations Board will invalidate arbitration agreements that explicitly, or when reasonably interpreted, prohibit filing administrative charges....more
Seyfarth Synopsis: Once effective, the anti-discrimination and retaliation provisions of the NYC Human Rights Law will apply to freelancers and independent contractors. In addition, independent contractors and employed family...more
10/14/2019
/ Anti-Discrimination Policies ,
Employer Liability Issues ,
Employment Discrimination ,
Freelance Workers ,
Gig Economy ,
Human Rights ,
Independent Contractors ,
Labor Regulations ,
Local Ordinance ,
National Origin Discrimination ,
New Guidance ,
NYCHRL ,
Regulatory Standards ,
Rulemaking Process ,
State and Local Government
Seyfarth Synopsis: The New York City Commission on Human Rights released guidance clarifying the New York City Human Rights Law’s restriction on discriminating against applicants and workers on the basis of actual or...more
10/10/2019
/ Anti-Discrimination Policies ,
Employer Liability Issues ,
Employment Discrimination ,
Freelance Workers ,
Gig Economy ,
Human Rights ,
Immigrants ,
Independent Contractors ,
Labor Regulations ,
Local Ordinance ,
National Origin Discrimination ,
New Guidance ,
NYCHRL ,
Regulatory Standards ,
Rulemaking Process ,
State and Local Government
Seyfarth Synopsis: The New Jersey Division on Civil Rights recently released guidance clarifying that existing anti-discrimination laws prohibit employers from taking adverse employment actions or applying a grooming policy...more
Seyfarth Synopsis: A New York appellate court recently held that New York employers may be liable for liquidated damages for failure to pay employees on a timely basis, even where the employees have been paid in full....more
9/20/2019
/ Appeals ,
Construction Industry ,
Employer Liability Issues ,
Employment Litigation ,
Failure To Pay ,
Labor Law Violations ,
Labor Regulations ,
Liquidated Damages ,
Payment Schedules ,
State and Local Government ,
Unpaid Wages ,
Wages