The National Labor Relations Board (“NLRB”) announced that it is releasing a final rule (the “Rule”) on February 26, 2020 revising the prior joint-employer standard used to hold franchisors or businesses that use employees...more
2/26/2020
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Staffing Agencies ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
Last week, New Jersey Governor Phil Murphy signed an amendment to the New Jersey WARN Act, dramatically expanding the Act’s reach. Effective July 19, 2020, the amendment makes the Act one of the most stringent state WARN...more
1/31/2020
/ Employer Liability Issues ,
Failure to Comply ,
Hiring & Firing ,
Labor Law Violations ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
Notice Requirements ,
Penalties ,
Regulatory Requirements ,
Regulatory Standards ,
State and Local Government ,
State Labor Laws ,
WARN Act
New York employers – New York State has gifted you an early holiday present – a requirement to update your handbook, comply with a new law immediately or potentially face steep consequences....more
Employers beware: New Jersey’s salary history ban, signed this past summer, takes effect on January 1, 2020. On that date, New Jersey will join several other states (including New York and California) by prohibiting private...more
12/5/2019
/ Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Law Violations ,
Labor Regulations ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Bans ,
State Labor Laws ,
Wage and Hour
Later this week, on October 11, 2019, several important changes are coming to the New York Human Rights Law (“NYHRL”).
As you may recall, last year the New York legislature enacted legislation prohibiting employers from...more
10/7/2019
/ #MeToo ,
Anti-Harassment Policies ,
Confidentiality Agreements ,
Corporate Culture ,
Employer Liability Issues ,
Employment Contract ,
Hostile Environment ,
Non-Disclosure Agreement ,
NYHRL ,
Regulatory Oversight ,
Regulatory Requirements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
Every employer in New York State should keep an eye on the October 9th, 2019 deadline for employers to adopt and provide mandatory anti-harassment training for New York employees. This training is required for any employee...more
9/12/2019
/ #MeToo ,
Anti-Harassment Policies ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Employer Mandates ,
Hostile Environment ,
Regulatory Requirements ,
Risk Management ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Statutory Deadlines
Last week, the New York State Legislature passed a bill prohibiting employers from asking about the salary history of prospective and current employees. Aimed at curtailing wage discrimination and pay disparity, the bill...more
7/2/2019
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Job Applicants ,
Labor Regulations ,
Legislative Agendas ,
Pending Legislation ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Employers in Minnesota should be aware of a key difference between federal and Minnesota employment law. In McBee v. Team Industries, Inc., the Minnesota Supreme Court held that...more
Following up on our prior posts here and here, after over a month of delays, a federal district court judge has ruled that employers with at least 100 employees (“covered employers”) must submit EEO-1 survey data on...more
4/26/2019
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Wage and Hour
As of April 1, 2019, sexual harassment prevention training has become fully ingrained in both New York State and City law. ...more
4/1/2019
/ #MeToo ,
Anti-Harassment Policies ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Employer Mandates ,
Hostile Environment ,
Local Ordinance ,
New Legislation ,
NYCCHR ,
Regulatory Oversight ,
Regulatory Requirements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
Employers in New York should ensure that their policies and practices are compliant with changes to New York law that are set to take effect soon....more
2/26/2019
/ Employer Liability Issues ,
Gender Discrimination ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
New Legislation ,
NYHRL ,
Protected Class ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
State and Local Government ,
State Labor Laws ,
Transgender
Following up on a recent post about the intricacies of mandatory arbitration agreements in the workplace, the New Jersey Appellate Division recently held that an arbitration clause that employees did not explicitly agree to...more
New Jersey employers seeking to compel arbitration secured a big win earlier this month when a federal judge ruled that former employees agreed to an arbitration agreement by clicking on a hyperlink sent to them by their...more
Just a reminder, the New Jersey Earned Sick Leave Act (the “Act”) went into effect on October 29, 2018.
Which employers are covered? The Act applies to all private New Jersey employers.
...more
Effective December 31, 2018 the minimum wage will rise across New York. The new minimum wage will vary depending on the location and, in New York City, the size of the business. ...more
Effectively immediately, employers who perform background checks on applicants or employees using third party consumer reporting agencies (these background checks are known as “consumer reports”)...more
Earlier this week, the New York Governor’s office finalized materials for New York State employers to implement sexual harassment policies and training. While draft guidance was circulated to the public in August 2018, the...more
10/5/2018
/ #MeToo ,
Anti-Harassment Policies ,
Civil Rights Act ,
Complaint Procedures ,
Corporate Culture ,
Deadlines ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Gender Discrimination ,
Gender Identity ,
Harassment ,
Hostile Environment ,
Internal Reporting ,
LGBTQ ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Title VII ,
Tone At The Top
Late last month, California Governor Jerry Brown signed Assembly Bill 2282 (“AB 2282”) into law. The Bill attempts to provide California employers with answers to questions that remained after Assembly Bill 168 (the “Salary...more
Over the past several weeks, New York has gotten serious in its attempt to end sexual harassment. Earlier this month, Mayor Bill de Blasio signed the “Stop Sexual Harassment in NYC Act” (“New York City Act” or “Act”) into...more
On April 30, 2018, a Philadelphia federal judge issued an opinion striking down a portion of Philadelphia’s salary history ban. Salary history bans have become increasingly common tools used by various cities and states...more
5/18/2018
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
First Amendment ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Motion To Strike ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Last month, the U.S. Department of Labor (DOL) Wage and Hour Division’s Payroll Audit Independent Determination (PAID) program went into effect. The pilot program allows employers to quickly pay back wages to workers in full...more