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March Updates

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This Short List addresses the following topics:
  1. U.S. Supreme Court Reversed Ninth Circuit Equal Pay Ruling Based on Judge’s Death
  2. Fifth Circuit: Restated Its Position that Title VII Does Not Protect Sexual Orientation
  3. California: Guidance on New Agricultural Overtime Pay Requirements
  4. Alameda, CA: City Minimum Wage Increases to $13.50 in July, Regardless of Employer Size
  5. Florida: Miami Beach Minimum Wage Struck Down
  6. Illinois: $9.25 Minimum Wage by January 2020, With New Possible Penalties
  7. Minneapolis, MN: Minimum Wage Increase Approved
  8. New Jersey: $10 Minimum Wage in July 2019, $15 by 2024
  9. Westchester County, New York: Bans the Box
  10. Portland, Oregon: Prohibits Discrimination Against Atheists and Agnostics
  11. West Virginia: Federal Law Enforcement Pension Freed From State Taxes

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November Updates

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This Short List addresses the following topics:
  1. Fourth Circuit: Back Pay Damages are Mandatory Under the ADEA
  2. California: Federal Department of Transportation Rules Preempts California Meal and Rest Period Requirements
  3. California: Announces Minimum Wage Rates for Certain Overtime Exemptions
  4. California: Cal/OSHA Revised Exposure for Citations and Issued Emergency Reporting Requirements
  5. California: PAGA May Not Apply to Construction Industry Employees Subject to Collective Bargaining Agreements
  6. New Jersey: Updates to Statewide Paid Sick Leave
  7. New York: Human Trafficking Informational Cards Required in Hotels
  8. New York: State Attorney General Releases FAQ on Non-Compete Agreements
  9. New York: Sexual Harassment Training Deadline Extended
  10. New York, NY: Revised FAQ for Paid Sick Leave Rules
  11. Pennsylvania: Illegal Sex Discrimination Interpreted to Include LGBT+ Components

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September Updates

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This Short List addresses the following topics:
  1. The DOL Created a New Department to Support Employer Compliance
  2. OFCCP Staff Must Account for Federal Contractors’ Religious Freedoms
  3. Federal Contractor Minimum Wage Increase for 2019
  4. Sixth Circuit: FLSA Does Not Invalidate Arbitration Agreements
  5. Eighth Circuit: USERRA Still Protects Employees Who Don’t Have Guaranteed Working Hours
  6. Ninth Circuit: Employers Can Prohibit Future Employment With Their Company
  7. California: Update to EDD Workplace Posting DE 1857A
  8. Massachusetts: Railway Unemployment Insurance Act Preempts Statewide Sick Leave
  9. New Jersey: New Bill Expands Ability to Claim Unemployment Insurance Benefits
  10. New Jersey: State and Federal Authorities Pledge Stronger Enforcement Against Misclassification
  11. New York City, NY: Anti-Sexual Harassment Poster and Fact Sheet Now Available
  12. South Carolina: Pregnancy Accommodations Poster Now Available
  13. Austin, Texas: The City’s Paid Sick Leave is On Hold – For Now
  14. Seattle, WA: New Employer Obligations for Domestic Workers

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Third Circuit: Employee’s Refusal to Report Sexual Harassment Does Not Bar Claims Against Employer

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July 3, 2018

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In Minarsky v. Susquehanna Cty., the Third Circuit Court of Appeal recently rejected the notion that an employee’s refusal to report sexual harassment automatically invalidated the employee’s harassment claim against the employer. There, the employee’s supervisor made unwanted sexual advances towards her and other women for years.  The supervisor was reprimanded for incidents involving other women, but no further action was taken against him.  In this case, the employee did not report her supervisor’s conduct for fear of losing her job.  The County later terminated the supervisor after discovering the persistent harassment of the employee. Subsequently, the employee sued.

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New Jersey: Hotels and Motels Required to Train Staff on Recognizing Human Trafficking

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January 16, 2018

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The 2013 New Jersey Human Trafficking Prevention, Protection, and Treatment Act required the Department of Community Affairs (“DCA”) to develop training for hotels/motel workers to recognize and respond to cases of human trafficking.  Accordingly, the DCA adopted regulations in December that went into effect on January 16, 2018, imposing new posting and training obligations.

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New Jersey: The State’s Equal Pay Law Will Soon Apply to All Protected Classes

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July 1, 2018

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New Jersey recently enacted stronger protections to its equal pay laws. Currently, employers are prohibited from discrimination in method or payment of wages based on sex. Effective July 1, 2018, this protection will soon apply to anyone in a protected class. The Diane B. Allen Equal Pay Act prohibits paying any member of a protected class “at a rate of compensation, including benefits, which is less than the rate paid … to employees who are not members of the protected class for substantially similar work when viewed as a composite of skill, effort and responsibility.”

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New Jersey: Statewide Paid Sick Leave Begins October 2018

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October 29, 2018

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On May 2, 2018, New Jersey Governor Phil Murphy signed AB 1827 into law, making New Jersey the 10th state in the nation to require paid sick leave (“PSL”) for all employees.  The bill will replace local paid sick leave ordinances and create uniform paid sick leave requirements for employers across New Jersey.

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New Jersey: Qualifying Conditions for Medical Marijuana Use Expanded

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March 27, 2018

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Although New Jersey has legalized medical marijuana use since 2010, a recent executive order greatly expands the conditions for which individuals may apply for medical marijuana.  Previously, medical marijuana was approved to treat specified conditions, such as cancer, HIV/AIDs, and any terminal illness, among others.  Effective March 27, 2018, the New Jersey Department of Health has added five new categories of conditions that may be treated with medical marijuana.

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New Jersey: Ban-the-Box Requirements Strengthened

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All Employers with 15+ NJ Employees

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December 20, 2017

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Originally effective on March 1, 2015, the New Jersey Opportunity to Compete Act (“OCTA”) prohibits employers of 15 or more employees working over 20 calendar weeks in New Jersey from making inquiries into an applicant’s criminal history during the initial application process, among other provisions. As of December 20, 2017, Senate Bill S-3306 applies new amendments to OCTA, further strengthening protections for applicants.

The OCTA amendment specifies that employers are prohibited from (1) soliciting information about an applicant’s current or expunged criminal record during the initial application phase, including when using online employment applications that require the disclosure of current or expunged criminal records in order to proceed with the application; and (2) performing online searches seeking criminal history information.  Employers may ask about current or expunged criminal records after the initial application process, but may not refuse to hire an applicant solely because a criminal record has been expunged or erased through executive pardon, with few exceptions.

Action Items

  1. Review the text of S-3306 here.
  2. Revise written or electronic employment applications to remove any questions pertaining to an applicant’s current or expunged criminal history.
  3. Have hiring personnel trained on the updated requirements.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2018 ManagEase

New Jersey: New Breastfeeding Anti-Discrimination Measures

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January 8, 2018

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Governor Chris Christie recently signed Senate Bill S-2709, amending the New Jersey Law Against Discrimination to include breastfeeding and expressing milk as a protected class.  This amendment implements anti-discrimination measures for breastfeeding employees and requires employers to provide reasonable accommodations to breastfeeding employees.

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