New York Employers Must Act Now to Comply With State and City Sexual Harassment Laws
As previously reported, both New York State and New York City recently enacted laws requiring employers to step up their efforts to stop sexual harassment in the workplace. These laws differ, but both require prompt action by employers. While some deadlines have already passed, employers must distribute a compliant policy by October 9, 2018 and conduct training by January 1, 2019. Read more.
New Massachusetts Noncompetition Law Effective October 1
After many years of reform efforts, on August 10, 2018, Massachusetts Governor Charlie Baker signed into law the Massachusetts Noncompetition Agreement Act. The Act, which applies to noncompetition agreements entered into on or after October 1, 2018, significantly changes noncompetition practice in Massachusetts and requires prompt action by employers. Here, we summarize the key provisions. Read more.
Connecticut Federal Court Finds Employer Liable For Refusing to Hire Medical Marijuana User
The United States District Court for the District of Connecticut recently granted summary judgment to a job applicant on her claim that an employer discriminated against her because of her approved use of medical marijuana pursuant to the Connecticut Palliative Use of Marijuana Act (PUMA). Read more.
Despite Contrary Law in Other States, New Jersey Employers Not Required to Accommodate Medical Marijuana Use
The medical and recreational marijuana use laws sweeping the country have resulted in a great deal of uncertainty for employers—especially those who have adopted a zero-tolerance drug policy and require drug testing under various circumstances, including pre-employment and when reasonable suspicion of impairment exists. New Jersey employers can, at least for now, breathe a sigh of relief based on a recent federal court decision holding that they are not required to accommodate employees' medical use of marijuana by waiving a mandatory drug test. Read more.
NJ Employers Beware: Federal and State Departments of Labor Team Up to Address Independent Contractor Misclassification
Employers often struggle when determining whether to classify their workers as independent contractors or employees. Misclassification—when a worker is treated as an independent contractor when that worker should, in fact, be an employee—subjects employers to a barrage of potential liability, including unpaid minimum wage and overtime payments, unpaid payroll tax contributions, liquidated damages, attorneys' fees and administrative penalties. In New Jersey, federal and state agencies will now work in tandem to discover employers' misclassifications and accompanying violations of wage and hour law. Read more.
Massachusetts "Grand Bargain" Creates Paid Family and Medical Leave, Increases the Minimum Wage and Eliminates Retail Premium Pay Obligations
On June 28, 2018, Massachusetts Governor Charlie Baker signed the so-called "Grand Bargain," which was a legislative compromise to avoid three ballot questions in November elections concerning the minimum wage, paid family leave and a reduction in the state sales tax. The Grand Bargain creates a paid family and medical leave program, mandates a gradual increase in the state minimum wage, and phases out premium pay obligations for Sunday or holiday work for retail employees. Employers should take note as they update their policies and plan for the upcoming years. Read more.
What Employers Should Know About the New Jersey Prevailing Wage Act
Contractors working on government-funded or "public" projects must be aware of the legal implications of not following the wage requirements of applicable federal and state law. The purpose of such laws is to ensure that local contractors are protected from "foreign" contractors traveling to their geographic area and undercutting the local wage levels on public work contracts. Read more.
NYC Releases Guidance and Notice Posting For New Temporary Work Schedule Changes Law
New York City's Department of Consumer Affairs (DCA) recently released guidance on the new temporary work schedule change provisions of the New York City Fair Workweek law that took effect on July 18, 2018. The guidance consists of Frequently Asked Questions and an overview of the law called "What Employers and Workers Need to Know." The DCA also released a mandatory notice that employers must post in the workplace. Read more.
What's on the Horizon? Important Proposed Legislation in New Jersey
It's an exciting time to be in New Jersey this fall—the dense humidity gives way to crisp morning air and the August rain clears as the leaves start to change color. However, if you're an employer in New Jersey, you may have more than just the changing seasons on your mind. The new administration has been marching forward with a variety of employee- and plaintiff-friendly legislation. Here, we provide a summary of important bills pending in the New Jersey State Senate and General Assembly. It is imperative that employers in New Jersey keep an eye on this pending legislation and begin considering the impact of these potential changes. Read more.
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