11.01.2022New York City Salary Transparency Law Effective November 1, 2022As of November 1, 2022, employers advertising a “job, promotion or transfer opportunity” in the 5 Boroughs of New York City must state the minimum and maximum salary for the position contained in the job posting or advertisement. This law applies to all jobs that will be or can be performed, at least in part, in New York City.
08.10.2022ABC Is Not As Easy as 1-2-3: NJ Supreme Court Issues Independent Business Misclassification Decision On August 2, 2022, the New Jersey Supreme Court in East Bay Drywall, LLC. v. Department of Labor and Workforce Development, issued a unanimous opinion holding that workers, hired on a need and availability basis, who used their own equipment and provided certificates of insurance and business entity registration information, were employees of a drywall installation business and not independent contractors as the company claimed. The Court also held that whether or not the workers could “join the ranks of the unemployed” when the relationship with the company ends directly impacts independent contractor status in New Jersey.
05.09.2022New York’s New Electronic Monitoring Law Effective May 7, 2022As we previously notified our readers, it’s a new dawn of electronic monitoring in New York. Effective May 7, 2022, employers engaging in electronic monitoring must provide detailed notice to their employees. Notice will be required if the employer wishes to digitally monitor or otherwise intercept phone conversations, text messages, e-mails and internet usage of employees.
03.08.2022NJ Appellate Division Upholds Requests, Not Commands, By Employers to Maintain Confidentiality in Employment InvestigationsOn February 28, 2022, the New Jersey Appellate Division ruled that a request for confidentiality by an investigator in connection with a discrimination or harassment investigation is valid and does not violate an employee’s right of free speech or the New Jersey Law Against Discrimination (NJLAD). In Usachenok v. State of New Jersey Department of the Treasury, et al., the Appellate Division denied an attempt made by a former employee to invalidate a regulation by the State's Civil Service Commission requesting confidentiality in connection with a harassment investigation.
01.25.2022New York City Passes Law Requiring Salary Ranges in Job PostingsA makeover is on the horizon for job postings in New York City. On December 15, 2021, the New York City Council passed new legislation relating to wage transparency on job postings. On January 15, 2022, New York City Mayor Eric Adams returned this bill without a veto, effectively passing it into law. The goal of the legislation was to reduce pay disparities affecting historically disadvantaged applicants, which follows a national trend.
11.19.2021New York’s New Electronic Monitoring Law Mandates New Disclosure Requirements for Employers It’s a new dawn of electronic monitoring in New York, as employers will soon be required to disclose the extent of their electronic monitoring of employees in the workplace. On November 8, 2021, New York Governor Kathy Hochul signed a new law amending New York State’s Civil Rights Law requiring all private employers that conduct business in the State of New York, regardless of size, to provide notice to employees of electronic monitoring of telephone, email, and internet access and usage.
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