New Jersey Arbitration Act Rushes in and Orders Arbitration Where FAA Fears to Tread
In a July 14, 2020 decision the Supreme Court of New Jersey held that the New Jersey Arbitration Act (NJAA) may apply to arbitration agreements even if the parties are subject to the Federal Arbitration Act (FAA) exemption for transportation workers engaged in interstate commerce.
To Screen or Not to Screen? Amazon Must Face NJ Wage Class Action for Workers’ Post-Shift Screening
On June 29, 2020, the U.S. District Court for the District of New Jersey ruled that Amazon must face a proposed class action alleging violations of New Jersey Wage and Hour Law (NJWHL), which seeks compensation for time spent undergoing mandatory post-shift security screenings and for time spent during meal breaks.
Car Sales Incentives Count Toward Minimum Wage, According to DOL Letter
In a series of opinion letters released Thursday, the U.S. Department of Labor announced that car dealerships may use incentive payments from automakers to help meet their obligation to pay salespeople minimum wage.
When Facing a Class Action Law Suit - Don't Initiate; Just Arbitrate
On Monday, a New Jersey federal judge ruled that 151 plaintiffs in a FLSA collective action against Francesca’s must arbitrate its wage and hour claims.
USDOL Approves Use of Electronic Disclosures by Retirement Plan Administrators
On May 21, 2020 the U.S. Department of Labor (“DOL”) issued a new rule creating a voluntary safe harbor for retirement plan administrators who prefer to provide ERISA-mandated retirement plan information and disclosures to participants and beneficiaries electronically, as the default method (“Electronic Disclosure Rule”).
Supreme Court Finds Federal Law Bars LGBT Employment Discrimination
The U.S. Supreme Court (SCOTUS) held today that the ban on sex discrimination in the federal employment law, Title VII of the Civil Rights Act of 1964, covers employment discrimination based on sexual orientation or transgender identity.
Is That Even Discrimination? New Jersey District Court Reiterates That Disabled Employees are not Immune to the Effects of Negative Job Performance
On April 13, 2020, the District Court for the District of New Jersey granted the employer’s Motion for Summary Judgment and dismissed an employee’s claim of disability discrimination in the matter of Rooney v. NVR Inc. The Court determined that Plaintiff failed to demonstrate that a genuine factual dispute existed to suggest that Defendant terminated his employment based on his disability.
School’s Out: Third Circuit Upholds Termination of Former History Teacher for Instruction on Holocaust Denial Theories
On February 22, 2020, the Third Circuit Court of Appeals affirmed the District Court’s dismissal of discrimination, hostile work environment, and wrongful termination claims filed by a former non-tenured high school History teacher, and self-proclaimed non-practicing Muslim of Egyptian decent
Hail Mary (Jane): New York City Weeds Out Pre-Employment Marijuana Testing on May 10
New York City’s ban on pre-employment drug testing for marijuana goes into effect this weekend, on May 10, 2020. The law makes it an “unlawful discriminatory practice” to require a prospective employee to submit to testing for the presence of marijuana or tetrahydrocannabinols (“THC”), the psychoactive ingredient in marijuana, as a condition of employment.
Sleepless Nights Ahead For WalMart’s Overnight Assistant Store Managers After Denial of Class Status
On April 24, 2020, the District Court for the District of New Jersey in Sundel Quiles, et al. v. Wal-Mart Stores, Inc., d/b/a Wal-Mart, 2:16-cv-09479 (D.N.J. April 24, 2020) recently considered a motion for class certification by a group of Overnight Assistant Store Managers (Overnight ASMs) who were allegedly misclassified as exempt executive and administrative employees.