Hudson Yards Decision Boosts Non-Union Construction
In a positive development for non-union contractors, a federal judge has reaffirmed the traditional defenses available to employers that face claims they are running unlawful double-breasted operations.
Key Employer Take-Aways from Long-Awaited Guidance on New Jersey's Equal Pay Act
On March 2, 2020, the New Jersey Division on Civil Rights (DCR) issued Guidance on the Diane B. Allen Equal Pay Act (Equal Pay Act) – the New Jersey law requiring employers to offer equal pay to employees performing substantially similar work.
A Measure of Control: Appellate Division Rules “Member-Owned Cooperative” Not Liable for Age Discrimination Claim of One Member’s Employee
A supermarket cooperative is not considered the employer of individuals who work for its member stores and cannot be found liable for the age discrimination claims of an employee of one of its members, the Appellate Division ruled last month in Dorrity v. Wakefern Food Corporation.
Proposed Amendments To The NJLAD Will Change The Management Of Harassment, Discrimination And Retaliation Claims In The Workplace
Potential Game Changer
New Jersey’s Division on Civil Rights (DCR) issued Findings and Recommendations on Preventing and Eliminating Sexual Harassment in New Jersey (the Recommendations) in February 2020. Governor Phil Murphy released proposed legislation aimed at strengthening New Jersey's Law Against Discrimination around the same time.
Are You Prepared for the New Registration and Application Deadlines for H-1B Visa Petitions?
The Trump Administration’s goal to move the H-1B visa application and lottery process to the Internet is being implemented now. The following are the government-imposed deadlines employers face to ensure that their H-1B visa applications are timely received and reviewed by the U.S. Customs and Immigration Service. These deadlines apply only to employers that are subject to the annual visa caps, and not to cap-exempt employers such as colleges, universities, non-profits associated with colleges and universities, and non-profit research or government organizations.
All Bark, Even Bigger Bite: New Jersey's New Worker Misclassification Protections
On January 20, 2020, Governor Murphy signed into law a series of legislative packages aimed at combating worker misclassification and exploitation. These bills will bolster an already-aggressive state department of labor that has the independent contractor model squarely in its sights.
Automatic Severance and Additional Notice: The Expanding Obligations For Employers Under New Jersey’s New WARN ACT
Effective July 19, 2020, pursuant to new legislation signed by New Jersey Governor Phil Murphy on January 21, 2020, New Jersey employers with at least 100 employees over a 3 year period, will have new and expanded obligations to provide their employees with advance notice and severance pay under revisions to the State’s Millville Dallas Airmotive Plant Job Loss Notification Act (NJ WARN). As a result of these revisions, New Jersey will have the most burdensome and expensive reduction-in-force (RIF) legislation in the country.
NJ Appellate Division Clears Haze About Workers’ Compensation Prescribed Medical Marijuana
On January 13, 2020, the Appellate Division ruled that medical marijuana may provide a reasonable and necessary form of treatment in workers’ compensation cases.
Uncertain Fate of Affordable Care Act and 2017 Rules Creating New Exemptions to ACA’s Contraception Coverage Requirements; New Jersey’s Response
On December 18, 2019 the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision which the court revised on January 9, declared the Affordable Care Act’s (ACA’s) individual health insurance mandate unconstitutional as a result of Congress’ elimination of the mandate’s financial penalty in the Tax Cuts and Jobs Act of 2017 (“TCJA”), but declined to invalidate ACA in its entirety and sent the case back to the district court to decide the issue.
New Jersey Employers – The NLRB Loosens Restrictions On Confidentiality Instructions For Investigations
On December 16, 2019, the National Labor Relations Board (NLRB) issued a decision in Apogee Retail LLC d/b/a Unique Thrift Store and Kathy Johnson, upholding an employer’s confidentiality instructions to employees involved in open workplace investigations and any investigations pending or initiated after December 16, 2019. When implementing this decision to its active investigations, New Jersey employers must be mindful of pro-employee laws which not only allow, but encourage employee discussion.