08.29.2023The ABC’S Of The EEOC’S Proposed Regulations On Pregnancy: Accommodations In The WorkplaceEffective July 27, 2023, the Pregnant Workers Fairness Act (PWFA) requires employers with 15 or more employees, to accommodate pregnancy and pregnancy-related complications in the workplace. The Equal Employment Opportunity Commission (EEOC), which is the federal agency charged with enforcing the PWFA, recently issued proposed regulations clarifying employer obligations and employee rights under the PWFA. The PWFA requires employers to provide qualified employees and applicants with known limitations relating to pregnancy, childbirth or related mediation conditions with reasonable workplace accommodations, unless the accommodation causes an undue hardship. The key terms, underlined for clarity, are explained herein.
08.14.2023After the Injury: NJ District Court Reiterates Indefinite Light Duty & Unpaid Leave is Not a Reasonable AccommodationOn July 12, 2023, in Wraith v. Wayfair, Inc., the United States District Court for the District of New Jersey granted summary judgment in favor of an employer, dismissing a former employee’s claim of disability discrimination and failure to accommodate in violation of the New Jersey Workers’ Compensation Act (WCA), the New Jersey Law Against Discrimination (NJLAD) and the New Jersey Paid Sick Leave Law (PSLL) following an on-the-job injury. The District Court found that the employer did not have a duty to accommodate an indefinite light duty or indefinite leave under the law where the only information provided was a physician note indicating the employee could not return to work.
01.23.2023Practical Considerations On The Speak Out ActThe Federal Speak Out Act Limits Confidentiality Over Resolved Claims Against Employers For Sexual Harassment And Assault. Here Are Some Practical Pointers For New Jersey Employers.
01.18.2023Combating Human Trafficking: New York Enacts Posting Requirements & Recognition Training for Hospitality & Transportation EmployeesOn July 20, 2022, New York State Governor Kathy Hochul signed eight pieces of legislation into law aimed to provide support and resources to victims of human trafficking. These laws impose new training requirements for employees in the hospitality and transportation industries, in addition to requiring crucial information be posted in the restrooms of human trafficking hotspots like airports, bus terminals and truck stops.
01.17.2023Beginning On April 10, 2023, New Jersey Employers Must Comply With Stricter Requirements On Mass-Layoffs And Business ClosuresIn 2020, New Jersey amended the Millville Dallas Airmotive Plant Job Loss Notification Act (referred to as the NJ WARN Act), which regulates employers implementing mass layoffs and business closures. Governor Phil Murphy placed those amendments on hold due to the Covid-19 pandemic. Three years after their enactment, on January 10, 2023, Governor Murphy passed legislation making those amendments effective on April 10, 2023. Those amendments change the landscape for those employers who are forced to close their doors or reduce their workforce.
12.22.2022Compliance Alert For New Jersey Employers: Updated Employment Posters issued by the DCRThe New Jersey Division on Civil Rights (DCR) recently adopted new and amended regulations concerning the "Display of Official Posters of the Division on Civil Rights” which require employers to display two updated posters in the workplace. The first poster informs employees of the prohibition under the New Jersey Law Against Discrimination (NJLAD) against discrimination and harassment in the workplace based on a protected status. The second poster informs employees of their right to take up to 12 weeks of unpaid, job protected leave in a 24 month period to care for a family member or bond with a newly born or placed child under the New Jersey Family Leave Act (NJFLA). The NJFLA applies to employers of 30 or more employees.
08.31.2022You Snooze You Lose: NJ Appellate Division Affirms Dismissal of Sleep Apnea Disability Bias Class Action On August 15, 2022, the New Jersey Appellate Division declined to reinstate a disability bias class action brought by a New Jersey Transit train operator who was required undergo a sleep apnea screening due to the results of his physical examination as required by NJ Transit’s policy stemming from safety concerns as a result of a 2016 train accident.
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.
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.
11.17.2021Governor Hochul Expands The New York Paid Family Leave Act To Cover Siblings With A Serious Health ConditionThis is the first blog in a series covering New York’s Recent Expansions Of Its Employment Laws.
Governor Hochul recently expanded New York’s Paid Family Leave Act by amending the definition of family to include siblings. Siblings under the amendment covers both biological and adopted siblings, half siblings, and step-siblings. This amendment will allow employees time off to care for siblings with a serious health condition. Employers have time to comply, as this amendment does not become effective until January 1, 2023.
10.12.2021Employees 70 & Older Gain New Life With Expanded Protections Against Age Discrimination in the WorkplaceOn October 5, 2021, New Jersey Governor Phil Murphy signed legislation expanding the New Jersey Law Against Discrimination (NJLAD) providing increased protections against age discrimination for workers 70 years of age and older. The new legislation closes loopholes by repealing provisions permitting age discrimination in hiring, promoting, and retirement practices, while increasing available remedies to those facing age discrimination in employment.
08.25.2021Everyone’s Out of Bounds! NJ District Court Finds Employer’s Discretion in Managing Suspected FMLA Abuse is Limited by the Employer’s Lack of Proper Documentation On August 6, 2021, the New Jersey District Court in Calio v. Camden County Board of Chosen Freeholders, denied motions by both an employer and an employee to resolve a dispute over abuse of leave under the Federal Family and Medical Leave Act (FMLA) and New Jersey Family Leave Act (NJFLA) rights. The District Court ruled that it could not dispose of the case in its early stages and could not find that the employer properly disciplined the employee for excessive absences, due in part, to the employer’s lack of proper documentation.
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