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New Jersey: Expanded Family and SAFE Leave and Disability Benefits

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Certain Employers with NJ Employees

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As Indicated

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The New Jersey Governor recently signed legislation to expand the New Jersey Family Leave Act, Temporary Disability Leave Act, and Security and Financial Empowerment (SAFE) Act.  The following is a summary of key changes.

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March Updates

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Varies

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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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Can Applicants Sue Over the Pre-Adverse Action Notice Requirement?

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All Employers with Employees in AR, DE, IA, MN, MO, NE, ND, NJ, PA, SD

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September 6, 2018 and September 10, 2018

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Several Court of Appeal cases have come down recently on whether or not an applicant can sue an employer for failing to provide a pre-adverse action notice as required under the Fair Credit Reporting Act (FCRA). There is a split in the courts between the Ninth Circuit (applicants cannot sue) and Seventh Circuit (applicants can sue). More recently, the Third Circuit issued its own ruling.

September Updates

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Varies

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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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All Employers with DE, NJ, and PA Employees

EFFECTIVE

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.

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

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All Employers with NJ Hotel/Motel Employees

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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.

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

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All Employers with NJ Employees

EFFECTIVE

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.”

New Jersey: Statewide Paid Sick Leave Begins October 2018

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All Employers with NJ Employees

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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.

New Jersey: Qualifying Conditions for Medical Marijuana Use Expanded

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All Employers with NJ Employees

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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.