As previously reported in a prior article, in May 2018, New York City Mayor Bill de Blasio signed into law the Stop Sexual Harassment in NYC Act (the “Act”). The Act provides, among other things, starting September 6, 2018,...more
On Wednesday, May 2, 2018, Governor Phil Murphy signed into law the New Jersey Paid Sick Leave Act (the “Act”). The Act, which goes into effect on October 29, 2018, preempts all existing New Jersey municipal earned sick leave...more
5/9/2018
/ Anti-Retaliation Provisions ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Governor Murphy ,
New Legislation ,
Notice Requirements ,
Paid Leave ,
Paid Sick Leave Act ,
Paid Time Off (PTO) ,
Recordkeeping Requirements ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
On Tuesday, April 24, 2018, New Jersey Governor Phil Murphy signed into law the Diane B. Allen Equal Pay Act (the “Act”), which amends the New Jersey Law Against Discrimination (“NJLAD”) to provide enhanced equal pay...more
5/3/2018
/ Anti-Retaliation Provisions ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Governor Murphy ,
New Legislation ,
Pay Discrimination ,
Pay Equity Laws ,
Protected Class ,
Punitive Damages ,
State Labor Laws ,
Statute of Limitations ,
Treble Damages ,
Wage and Hour
New York City Councilman Rafael Espinal has proposed a bill which would prohibit private-sector employers from requiring their employees to access work-related electronic communications outside of their usual work hours. This...more
Last month, the New Jersey State Senate introduced Senate Bill 3518 (the “Bill”), which, if passed, will severely restrict the use and enforceability of employee non-compete agreements in the state of New Jersey. Most...more
12/7/2017
/ Anti-Retaliation Provisions ,
Choice-of-Law ,
Confidential Information ,
Corporate Counsel ,
Employee Benefits ,
Employment Contract ,
Enforcement Guidance ,
Fair Labor Standards Act (FLSA) ,
Job Duties ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Posting Requirements ,
Private Right of Action ,
Proposed Legislation ,
Public Policy ,
Residency Status ,
Restrictive Covenants ,
Termination ,
Time Restrictions ,
Trade Secrets ,
Wage and Hour ,
Waiver of Rights ,
Written Agreements
Last year New Jersey state and local legislatures implemented several employment laws and ordinances that are set to take effect in 2017. This update summarizes these new legal requirements to help New Jersey employers...more
On May 26, 2016, in the matter of Lewis v. Epic Systems Corporation, the U.S. Court of Appeals for the Seventh Circuit held that an arbitration agreement, which required employees to submit to individual arbitration for any...more
On April 4, 2016, New York Governor Andrew Cuomo signed a law which will significantly increase the minimum wage in New York State from the current rate of $9, to $15 by the end of 2018 for many businesses in New York City,...more
This past year New Jersey state and local legislatures implemented several employment laws that are set to take effect at the end of 2015 or in early 2016. This update summarizes these new legal requirements to help New...more
Recently, the United States Court of Appeals for the Second Circuit held in the matter of Equal Employment Opportunity Commission (“EEOC”) v. Sterling Jewelers Inc. (“Sterling Jewelers”), that the District Court erred by...more
On May 21, 2015, the United States Court of Appeals for the Second Circuit, in Noll v. International Business Machines Corporation, Case No. 13-4096 (May 21, 2015), affirmed a decision by the Southern District of New York...more
On February 11, 2015, the Supreme Court of New Jersey expressly adopted the test created by the United States Supreme Court in Faragher v. City of Boca Raton, 524 U.S. 775, 807 (1998) and Burlington Indus., Inc. v. Ellerth,...more
As the Ebola virus has spread to a second city in the United States, and with the potential for additional cities to be affected, many businesses are faced with the difficult task of determining how to properly handle their...more
On April 15, 2014, New York City Mayor Bill De Blasio signed into law an amendment to the New York City Human Rights Law (“NYCHRL”) extending the protections from discrimination and harassment contained in the NYCHRL to both...more
In Lawson v. FMR, LLC, No. 12-3, 2014 WL 813701 (U.S. Mar. 4, 2014), the Supreme Court of the United States, in a 6-3 decision reversing the United States Court of Appeals for the First Circuit, held that the whistleblower...more
On January 29, 2014, Newark Mayor Luis Quintana signed into law an ordinance requiring mandatory paid sick leave for employees. This new ordinance goes into effect on May 29, 2014....more
As we detailed in a previous posting (available here), in September 2012, Governor Cuomo signed into law new legislation which permits employers to make additional deductions from employees’ paychecks. Among other things, the...more
On July 30, 2013, the United States Senate confirmed all five of President Obama’s nominees to the National Labor Relations Board (“NLRB” or the “Board”), marking the first time in 10 years that the NLRB has a full complement...more
Over the past week, the United States Court of Appeals for the Second Circuit (“Second Circuit”) has issued two decisions in which it affirmatively held that: (i) a plaintiff cannot use the “effective vindication doctrine” to...more
8/15/2013
/ American Express ,
American Express v Italian Colors Restaurant ,
Arbitration ,
Arbitration Agreements ,
Citigroup ,
Class Action ,
Class Action Arbitration Waivers ,
Ernst & Young ,
Fair Labor Standards Act (FLSA) ,
SCOTUS ,
Vindication of Statutory Rights Doctrine
On May 8, 2013, the New York City Council, by a 45-3 vote, passed the New York City Earned Sick Time Act which will require employers with 20 or more employees to provide paid sick leave to their employees (the “Sick Leave...more
On February 22, 2013, U.S. District Judge Brian Cogan reversed his prior decision that required a plaintiff to seek court approval of a settlement before her action under the Fair Labor Standards Act (“FLSA”) could be...more
On March 21, 2013, the Second Circuit issued its opinion in Parisi v. Goldman Sachs & Co., Case No. 11-5229, reversing a decision from the Southern District of New York, and holding that arbitration agreements which preclude...more
As widely anticipated, on Monday, January 28, New Jersey Governor Chris Christie vetoed a bill that would have increased the state’s minimum wage to $8.50 an hour, with future increases tied to the Consumer Price Index...more
In Wang, et al. v. The Hearst Corporation, 12 CV 793 (HB) (January 9, 2013), Judge Harold Baer of the United States District Court for the Southern District of New York granted the Hearst Corporation’s (“Hearst”) motion for...more