Seyfarth Synopsis: The NLRB recently published a Notice of Proposed Rule Making regarding three proposed amendments to its current rules and regulations for union elections. These amendments consist of: (1) a change from the...more
8/20/2019
/ Collective Bargaining ,
Comment Period ,
Construction Industry ,
Employee Rights ,
Labor Law Violations ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
NPRM ,
Proposed Amendments ,
Public Comment ,
Regulatory Agenda ,
Rulemaking Process ,
Unfair Labor Practices ,
Union Elections ,
Union Representatives ,
Unions
Seyfarth Synopsis: On August 6, 2019, Acting New Jersey Governor Sheila Oliver signed into law A-2903/S-1790, described as an Act “concerning enforcement, penalties, and procedures for law regarding failure to pay wages.” ...more
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
8/2/2019
/ Damages ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Labor Regulations ,
New Legislation ,
Pay Discrimination ,
Pay Equity Laws ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
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: All New York State employers must provide all employees with annual, interactive sexual harassment prevention training by October 9, 2019....more
7/5/2019
/ #MeToo ,
Anti-Harassment Policies ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Employer Mandates ,
Hostile Environment ,
Regulatory Oversight ,
Regulatory Requirements ,
Risk Management ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
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 June 11, 2019, New Jersey Governor Phil Murphy signed a law requiring covered hotels to provide “panic devices” to employees engaged in “housekeeping or room service duties.” The law further imposes...more
6/20/2019
/ Anti-Harassment Policies ,
Employee Rights ,
Employer Liability Issues ,
Hospitality Industry ,
Hotels ,
Labor Regulations ,
New Legislation ,
Sexual Assault ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
Snapchat and other photo-sharing apps have redefined how users—and employees share information. Due to the ephemeral nature of Snapchat photos and videos, employers may face hurdles in identifying and investigating workplace...more
3/1/2019
/ Best Practices ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Harassment ,
Information Sharing ,
Litigation Strategies ,
Mobile Apps ,
Photographs ,
Snapchat ,
Social Media ,
Workplace Investigations
Seyfarth Synopsis: New Jersey Governor Phil Murphy signed an expansive paid family leave bill which provides for increased leave time and pay while on leave beginning in 2020, a broader definition of covered employers and...more
Seyfarth Synopsis: The New Jersey Legislature recently passed Senate Bill 121 affecting claims of discrimination, harassment, and retaliation, which if signed into law, would render any prospective waiver of rights against...more
2/6/2019
/ Adverse Employment Action ,
Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Employer Liability Issues ,
Non-Disclosure Agreement ,
Proprietary Information ,
Retaliation ,
Settlement Agreements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Unenforceable Contract Terms ,
Waivers
Seyfarth Synopsis: On December 5, 2018, the New Jersey State Assembly introduced legislation aimed at gradually increasing the minimum wage in New Jersey up to $15.00 an hour over the next five years. ...more
Seyfarth Synopsis: New York’s expanded list of permissible wage deductions has been extended until 2020.
...more
Seyfarth Synopsis: Philadelphia joins the ranks of other cities after passing its own predictable scheduling law. The law will impact employers in the retail, food service, and hospitality industries. Covered employers will...more
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, 2018, with large employers in New York City being the first to hit...more
Seyfarth Synopsis: On October 15, 2018, amendments to the New York City Human Rights Law which require employers to engage in a “cooperative dialogue” with individuals with disabilities and others regarding their...more
10/10/2018
/ Anti-Discrimination Policies ,
Cooperative Dialogue ,
Disability ,
Disability Discrimination ,
Employer Liability Issues ,
Human Rights Code ,
Local Ordinance ,
New Amendments ,
NYCHRL ,
Reasonable Accommodation ,
State and Local Government
Seyfarth Synopsis: The Second Circuit’s recent rulings in Munoz-Gonzalez v. D.L.C. Limousine Service, Inc. and Flood v. Just Energy Marketing Corp. further demonstrate the impact of the Supreme Court’s holding in Navarro, et...more
Seyfarth Synopsis: The E-Verify program has become a controversial topic in the political arena and throughout workplaces nationwide. Last month, the NLRB held, amongst other things, that an employer violated the NLRA by...more
9/21/2018
/ Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Deportation ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
NLRA ,
NLRB ,
Popular ,
Raids ,
Subpoenas ,
Unfair Labor Practices ,
Unions
Seyfarth Synopsis: On August 10, 2018, Governor Phil Murphy signed a law that would permit striking workers to collect unemployment benefits in New Jersey. The law covers any claim for a period of unemployment commencing on...more
Seyfarth Synopsis: The New York City Commission on Human Rights (the “Commission”) is proposing to amend its rules to establish certain definitions and clarify the scope of protections with respect to gender under the New...more
8/22/2018
/ Comment Period ,
Corporate Counsel ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employee Rights ,
Employer Liability Issues ,
Gender Discrimination ,
Human Rights ,
LGBTQ ,
NYCHRL ,
Proposed Amendments ,
Reasonable Accommodation ,
Sex Discrimination ,
State and Local Government ,
Transgender
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
A New York federal court once again denied a motion for conditional certification of a nationwide collective action against Barnes & Noble. ...more
7/3/2018
/ Barnes and Noble ,
Conditional Certification ,
Discovery ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Job Descriptions ,
Misclassification ,
Putative Class Actions ,
Retail Market ,
Wage and Hour
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: On April 2, 2018, the New Jersey Appellate Division reversed an order granting summary judgment to Defendant Legal Cost Control, Inc., finding that New Jersey’s Law Against Discrimination (LAD) may apply to...more
Seyfarth Synopsis: The U.S. Department of Labor has announced the launch of the Payroll Audit Independent Determination program—or “PAID”— to facilitate the resolution of overtime and minimum wage claims under the FLSA...more
4/5/2018
/ Back Wages ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Pilot Programs ,
Minimum Wage ,
Over-Time ,
Payroll Audit Independent Determination program (PAID) ,
Self-Reporting ,
State and Local Government ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: On March 26, 2018, the New Jersey Legislature passed Senate Bill 104, entitled the “Diana B. Allen Equal Pay Act,” an act modifying the Law Against Discrimination to promote equal pay for all protected...more
4/4/2018
/ Employer Liability Issues ,
Equal Pay ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Proposed Legislation ,
Salary/Wage History ,
Sex Discrimination ,
State and Local Government ,
State Labor Laws ,
Wage and Hour