On Jan. 25, 2019, the Republican-led National Labor Relations Board affirmed the acting regional director’s decision that drivers of a shared airport ride service were independent contractors, not employees, and therefore not...more
This checklist identifies issues for counsel to consider when assisting employers in determining whether they may use applicant salary history information in setting wages or salaries.
Originally published in Bloomberg Law...more
Q. Do I need to provide paid sick leave to employees in New Jersey?
A. Last week, New Jersey Governor Phil Murphy signed into law the New Jersey Paid Sick Leave Act, mandating paid sick leave for full and part-time...more
In a ruling that could provide a roadmap for challenging salary history bans in other jurisdictions, a Philadelphia federal judge issued an opinion on April 30 invalidating a major element of the Philadelphia salary history...more
5/2/2018
/ Constitutional Challenges ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
First Amendment ,
Free Speech ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Pay Equity Laws ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Q. Are there any Equal Pay Acts that apply specifically to employers in Massachusetts and New Jersey?
A. On July 1, 2018, an updated equal pay law becomes effective in Massachusetts, referred to as “MEPA” (Massachusetts...more
4/23/2018
/ Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Glass Ceiling ,
Hiring & Firing ,
Legislative Agendas ,
Pay Equity Laws ,
Pay Gap ,
Popular ,
Proposed Legislation ,
State Labor Laws ,
Wage and Hour
Despite the Equal Pay Act being enacted more than 50 years ago, women still earn only 80 percent of what men earn for equivalent jobs. This pay disparity is perpetuated when a woman is paid less than her male co-worker...more
Q. I heard that the U.S. Supreme Court just issued a ruling finding that auto service workers are exempt from overtime pay. My company is not in the automobile industry. Will this opinion apply to us?...more
4/10/2018
/ Appeals ,
Automotive Industry ,
Car Dealerships ,
Congressional Intent ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative History ,
Navarro v Encino Motorcars ,
Over-Time ,
Reversal ,
Salespersons ,
SCOTUS ,
Service Advisors ,
Statutory Construction Test ,
Wage and Hour
The gig economy — companies that hire workers for specific projects or “gigs” — is on the rise. Gig companies use technology to provide goods and services to consumers on demand. The companies hire workers who access and...more
2/15/2018
/ Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
GrubHub ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
On-Demand Services ,
Sharing Economy ,
Uber ,
Wage and Hour
On January 23, 2017, Mayor Kenney signed into law an amendment to the Philadelphia Fair Practices Ordinance making it unlawful for an employer or employment agency to inquire about a prospective employee’s wage history or to...more
Affected employers should begin data analysis now to be prepared for disclosure of pay information to the EEOC or the OFCCP in 2018.
As part of its effort to detect and remedy pay discrimination, the Equal Employment...more
11/4/2016
/ Data Collection ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OFCCP ,
Pay Discrimination ,
Reporting Requirements ,
W-2 ,
Wage and Hour
On February 12, Philadelphia Mayor Michael Nutter signed into law the Promoting Healthy Families and Workplaces Act (the Act), which requires most employers to provide paid sick leave to their employees. The law takes effect...more
You might think people are making more out of BYOD than it deserves, that it is a relatively benign issue. Alas, you’d be wrong....more