Recent Blog Posts
- New Jersey Strengthens “Ban the Box” Protections for Applicants On December 20, 2017, New Jersey Gov. Chris Christie signed a bi-partisan bill that effectively makes asking about expunged criminal records off-limits during the initial employment application process.
The law, an amendment to the New Jersey Opportunity to Compete Act (“OTCA”), generally referred to as the “Ban the Box” law, applies to employers with 15 or more employees over 20 calendar weeks who do business, employ persons, or take applications for employment within New Jersey. The OTCA generally prohibits employers from... More
- NYC Council Passes Bills Establishing Procedures on Flexible Work Schedules and Reasonable Accommodation Requests Our colleague Laura A. Stutz at Epstein Becker Green has a post on the Health Employment and Labor blog that will be of interest to our readers in the retail industry: “New York City Council Passes Bills Establishing Procedures on Flexible Work Schedules and Reasonable Accommodation Requests.”
Following is an excerpt:
The New York City Council recently passed two bills affecting New York City employers and their employees. The first bill, Int. No. 1399, passed by the Council on December 6, 2017, amends... More
- 2017 Wrap-Up & Heads-Up: The Top Workforce Management Issues of 2017 As 2017 comes to a close, recent headlines have underscored the importance of compliance and training. In this Take 5, we review major workforce management issues in 2017, and their impact, and offer critical actions that employers should consider to minimize exposure:
Addressing Workplace Sexual Harassment in the Wake of #MeToo
A Busy 2017 Sets the Stage for Further Wage-Hour Developments
Your “Top Ten” Cybersecurity Vulnerabilities
2017: The Year of the Comprehensive Paid Leave Laws
Efforts Continue to Strengthen Equal Pay Laws in... More
- NLRB Reverses Key Rulings on Joint-Employer Status and Handbooks, Rules & Policies – More Changes Coming Our colleague Steven M. Swirsky at Epstein Becker Green has a post on the Management Memo blog that will be of interest to our readers: “NLRB Reverses Key Rulings: Returns to Pre-Obama Board Test for Deciding Joint-Employer Status and for Determining Whether Handbooks, Rules and Policies Violate the NLRA – Assessment of 2014 Expedited Election Rules and Future Changes Also Announced.”
Following is an excerpt:
It should come as no surprise that recent days have seen a stream of significant decisions and... More
- NYC Updates Pregnancy Accommodation Notices Employers in New York City are required to provide their employees with reasonable accommodations related to childbirth and pregnancy. The New York City Commission on Human Rights has published a new factsheet and notice. The notice should be provided to all employees upon hire, and posted in the workplace to provide employees with notice of their rights under the NYC Human Rights Law.
The notice and factsheet outline employers’ responsibilities with respect to pregnant employees, and recommend that employers work with... More
- Philadelphia Adopts New Regulations Clarifying Salary History Law In December 2016 Philadelphia’s City Council passed a Wage Equity Ordinance (“Ordinance”) prohibiting employers from asking applicants for their salary history or to retaliate against a prospective employee for failing to answer such a question. The law, which was to become effective May 23, 2017, has been stayed pending resolution of legal challenge by the Chamber of Commerce for Greater Philadelphia, alleging that the law violates employers’ First Amendment rights.
Nevertheless, on October 24, 2017, the Philadelphia Commission on Human Relations... More
- Proposed Federal Bill Would Pre-Empt State and Local Paid Sick Leave Laws On November 2, 2017, three Republican Representatives, Mimi Walters (R-CA), Elise Stefanik (R-NY), and Cathy McMorris Rodgers (R-WA), introduced a federal paid leave bill that would give employers the option of providing their employees a minimum number of paid leave hours per year and instituting a flexible workplace arrangement. The bill would amend the Employee Retirement Income Security Act (“ERISA”) and use the statute’s existing pre-emption mechanism to offer employers a safe harbor from the hodgepodge of state and local... More
- Proposed Rules Open for Public Comment: NYC Fair Workweek Law The New York City Department of Consumer Affairs (“DCA”) has issued proposed rules for the implementation of the Fair Workweek Law. The law establishes scheduling practices for fast food and retail workers in New York City and is set to go into effect on November 26, 2017.
With regard to retail employers, the proposed rules include:
Workplace notice positing requirements, § 14-02. The DCA’s notice template is not yet available.
Workplace schedule posting requirements, § 14-04. Retail employers must conspicuously post schedules three... More
- New Jersey’s Appellate Division Finds Part C of the “ABC” Independent Contractor Test Does Not Require an Independent Business In a potentially significant decision following the New Jersey Supreme Court’s ruling in Hargrove v. Sleepy’s, LLC, 220 N.J. 289 (2015), a New Jersey appellate panel held, in Garden State Fireworks, Inc. v. New Jersey Department of Labor and Workforce Development (“Sleepy’s”), Docket No. A-1581-15T2, 2017 N.J. Super. Unpub. LEXIS 2468 (App. Div. Sept. 29, 2017), that part C of the “ABC” test does not require an individual to operate an independent business engaged in the same services as that... More
- New York Bans Vaping at Work On October 23, 2017, New York Governor Andrew Cuomo signed legislation that amends the Clean Indoor Air Act to ban the use of electronic cigarettes (“e-cigarettes”) everywhere that smoking traditional tobacco products is prohibited. With this amendment, the Clean Indoor Air Act will prohibit both smoking and vaping in certain indoor areas, including places of employment, as well as certain outdoor areas accessible to the public. This legislation will become effective on November 22, 2017. Prior to this date, any... More