This Employment Law This Week® Monthly Rundown features a recap of the most important news from March 2019. The episode includes:
1. New Jersey Limits Nondisclosure Agreements in Harassment, Discrimination, and Retaliation Settlements
The month of March brought important regulatory changes for employers on the federal and state levels, including some long-anticipated rules and some new trends beginning to emerge. For example, on March 18, 2019, New Jersey enacted a law that limits the use of nondisclosure provisions to maintain confidentiality regarding workplace harassment, discrimination, and retaliation claims.
2. DOL Issues Proposed Overtime Rule
The U.S. Department of Labor (“DOL”) issued its long-awaited proposed changes to overtime salary thresholds, which would replace an Obama administration rule that was blocked by a federal judge in 2017.
Click here for more: eltw138tr-wh
3. District Court Reinstates Pay Data Collection
Another federal judge has hit the restart button on Obama-era EEO-1 pay data collection requirements. The U.S. Office of Management and Budget (“OMB”) stayed the requirements in 2017 before they went into effect. It’s unclear what the impact the judge’s decision to lift the stay will have on the 2018 reports EEO-1 reports, which are due May 31.
For now, the Equal Employment Opportunity Commission has said that, for the 2018 report’s pay data collection, it will require Component 1 data detailing the demographics of an employer’s workforce but not the new Component 2 wage and hours data. However, there is legal pushback on this, so those requirements could still change.
Click here for more: eltw139-hl1 - and watch an update by Bob O'Hara, based on news from April 3, 2019.
4. State Legislatures Focus on Sexual Harassment Training in Restaurants
A new regulatory trend is beginning to emerge in the hospitality sector. New Jersey and Illinois have both proposed legislation that requires restaurants, specifically, to institute sexual harassment training policies. Unlike in California and New York, there is no legislation in either state requiring this sort of training for all private-sector employers. It’s too soon to tell yet whether sexual harassment regulations are beginning to get more industry specific, or if we’re simply seeing a reaction to recent scandals in high-profile restaurants. We’ll be monitoring developments in this area.
Click here for more: eltw139-hl2
5. Tip of the Week
Aney Chandy, Executive Director, Senior Counsel for Labor and Employment at Allergan, shares some tips on how employers can address gender identity inclusion in the workplace:
Stay tuned for further developments that may affect your business.
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