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There have been many significant developments in the first half of 2019 impacting private employers in New York and New Jersey. Federal, state, and local legislatures and agencies have been particularly busy in the employment arena, promulgating sweeping laws and regulations affecting a broad range of well-entrenched employment practices. For instance, New Jersey adopted prohibitions against non-disclosure provisions in settlement agreements resolving discrimination and harassment claims (with, as discussed in this GT Alert, New York expected to follow shortly), and New York enacted its Gender Expression Non-Discrimination Act.

So too have our courts been active, rendering decisions fleshing out some of these recent laws, as well as revisiting other, more familiar questions under longstanding principles. If you overlooked any of these developments, or need a quick and easy reference of what has occurred and what is on the horizon, we hope this topline recap helps.

Click here to read the full GT Alert.

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Photo of Michael J. Slocum Michael J. Slocum

Michael J. Slocum focuses his practice on labor and employment law, including the defense of discrimination, retaliation, wrongful discharge and whistleblower claims. Michael has represented employers in a broad array of industries, including health care and life sciences, pharmaceutical, private security, and retail,

Michael J. Slocum focuses his practice on labor and employment law, including the defense of discrimination, retaliation, wrongful discharge and whistleblower claims. Michael has represented employers in a broad array of industries, including health care and life sciences, pharmaceutical, private security, and retail, and has experience defending against both individual employee claims and class actions.

Michael has written and spoken numerous times on a multitude of issues facing employers in diverse industries. In addition to many client alerts and online articles, Michael was a contributing author to “Avoiding Liability for Unconscious Bias and Subtle Discrimination” published in the New Jersey Law Journal in December 2008, as well as a chapter on the False Claims Act in the 2010 edition of “Health Law and Compliance Update.” Michael was a speaker at a September 2008 seminar “The New Jersey FCA: Perspectives and Insight,” as well as the firm’s May 2013 “Taking Care of Business: An Annual Update on Labor and Employment Law” seminar. More recently, Law 360 published Michael’s article “NYC Earned Sick Time Act May Hit Small Business Hardest” in May 2014, and his article “NJ Supreme Court Reaffirms ‘Faithless Servant’ Doctrine” in November 2015. Michael also authored “EEOC Proposes Collecting Pay Data to Combat ‘Pay Discrimination,’” published by the New Jersey Law Journal in March 2016, and well as “Revisiting the Great Joint Employment Debate,” published by the New Jersey Law Journal in April 2018.

Prior to joining the firm, Michael practiced in the litigation department of a national firm focused on labor and employment matters in the life sciences industry, where he served as Editor of that firm’s “False Claims Act Quarterly.” He has experience representing clients at the trial and appellate levels in state and federal courts, as well as before a variety of state and federal administrative agencies.

Photo of Noel A. Lesica Noel A. Lesica

Noel A. Lesica advises clients on a wide range of employment law issues, representing employers before administrative agencies and state and federal courts. Noel brings to her practice the added perspective gained from her deep in-house experience in the pharmaceutical industry, where she

Noel A. Lesica advises clients on a wide range of employment law issues, representing employers before administrative agencies and state and federal courts. Noel brings to her practice the added perspective gained from her deep in-house experience in the pharmaceutical industry, where she helped clients manage risk and achieve compliance while marketing and selling product in a highly regulated environment.

Building upon the litigation experience she acquired before working in-house, Noel focuses her practice on a variety of workplace challenges facing employers and Human Resources professionals, including preventing and managing claims of discrimination, unlawful harassment and retaliation.

Noel enjoys public speaking, and regularly trains management and staff on the meaning and consequences of unlawful workplace harassment, with a focus on preventing sexual harassment claims.

Noel is committed to pro bono service, and has experience representing clients in domestic violence contempt matters.

Photo of Ryan P. O'Connor Ryan P. O'Connor

Ryan O’Connor represents employers across multiple industries in connection with a variety of labor and employment law matters, including the defense of discrimination, retaliation, and wrongful termination claims. He also advises clients on internal employment matters, including employment contracts and separation agreements, employer

Ryan O’Connor represents employers across multiple industries in connection with a variety of labor and employment law matters, including the defense of discrimination, retaliation, and wrongful termination claims. He also advises clients on internal employment matters, including employment contracts and separation agreements, employer policies and handbooks, and wage and hour compliance.

Photo of Katarina S. Kingston Katarina S. Kingston

Katarina Kingston is a member of the Labor & Employment Practice in Greenberg Traurig’s New Jersey office. She focuses her practice on representing employers and managers in a variety of labor and employment law cases, including the defense of discrimination, retaliation, wrongful discharge…

Katarina Kingston is a member of the Labor & Employment Practice in Greenberg Traurig’s New Jersey office. She focuses her practice on representing employers and managers in a variety of labor and employment law cases, including the defense of discrimination, retaliation, wrongful discharge, whistleblower, sexual harassment, and non-compete agreement cases.

Katarina also advises clients on internal employment relations matters, including the development of training programs, ensuring wage and hour compliance, and drafting personnel policies and employment agreements.

Photo of Robert Bernstein Robert Bernstein

Rob Bernstein focuses his practice on labor and employment exclusively for management, with an emphasis in litigation and counseling. With over 30 years of experience, Rob has represented many multinational and domestic corporations in a wide range of industries. His practice extends to

Rob Bernstein focuses his practice on labor and employment exclusively for management, with an emphasis in litigation and counseling. With over 30 years of experience, Rob has represented many multinational and domestic corporations in a wide range of industries. His practice extends to numerous jurisdictions across the United States, involving most workplace issues, including class and collective actions, employee benefits and trade secret litigation.

Prior to joining the firm, Rob chaired the National Labor and Employment Department Steering Committee of a management-side only, national labor and employment law firm, where he also served as one of five members of the Firm’s Executive Committee and was a member of its Board of Directors. Rob also was partner at a top-15 international law firm, where he headed its global employment practice.