On June 27, 2019, New Jersey’s Appellate Division ruled that New Jersey’s Law Against Discrimination (NJLAD) can extend “in appropriate circumstances” to plaintiffs who reside or work outside of the state where New Jersey has the “most significant relationship” to the claims. Calabotta v. Phibro Animal Health Corp., et al. In 2008, New Jersey-based Phibro … Continue Reading
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 … Continue Reading
On June 13, 2019, Nevada Governor Steve Sisolak signed SB 312 into law to require Nevada employers to provide paid leave to workers. Specifically, the bill requires that employees receive 0.01923 hours of paid leave for each hour worked. Under this formula, a worker who works 40 hours per week for 52 weeks will be entitled to … Continue Reading
September is coming, and a chilly wind is blowing for employers with more than 100 employees. By Sept. 30, 2019, employers must submit EEO-1 Component 2 data, employee wage and hour data organized by job category, gender, race, and ethnicity, for calendar years 2017 and 2018 to the Equal Employment Opportunity Commission (EEOC). A 2017 … Continue Reading
The Massachusetts Paid Family and Medical Leave Act (PFML) provides eligible workers with paid medical and family leave benefits effective Jan. 1, 2021. See July 2018 GT Alert here. Specifically, individuals will be entitled to up to 20 weeks of paid medical leave and 12 weeks of paid family leave per year. The maximum amount of combined family … Continue Reading
On March 26, 2019, in a 5-2 ruling, the Court of Appeals ruled in favor of providers in a critical decision affecting home health care. Andryeyeva v. N.Y. Health Care, Inc. and Moreno v. Future Care Health Servs. et al. was a joint appeal in a case that threatened to eviscerate an important economic constraint … Continue Reading
On March 18, 2019, landmark legislation was passed that could dramatically impact the resolution of discrimination, retaliation, and harassment claims. under the New Jersey Law Against Discrimination (“NJLAD”), and “other” statutes – presently undefined. Employers: pay close attention. The bill takes effect immediately and applies “to all contracts and agreements entered into, renewed, modified, or … Continue Reading
The U.S. Department of Labor (DOL) on March 7, 2019, issued a new proposed rule raising the annual minimum salary requirements for the Fair Labor Standards Act (FLSA) overtime exemptions for executive, administrative, and professional employees. Under the new rule, the salary level for these “white collar” exemptions will increase from $23,660 per year ($455 per week) … Continue Reading
Mark D. Kemple, co-chair of global law firm Greenberg Traurig, LLP’s Labor & Employment Class and Collective Action Practice and leader of the Southern California Labor & Employment Practice, has been named a 2019 Employment Law Trailblazer by the National Law Journal. The Employment Law Trailblazer award recognizes legal professionals who “make their mark in … Continue Reading
Setting new precedent on Feb. 18, 2019, the New York City Commission on Human Rights (NYCCHR) issued new guidance prohibiting race discrimination on the basis of hair. The new guidance provides legal recourse under the New York City Human Rights Law (NYCHRL) to individuals who are discriminated against, harassed, punished, not hired, or fired based … Continue Reading
The Massachusetts Noncompetition Agreement Act, M.G.L. c. 149, § 24L, has been the law of the Commonwealth for almost four months. The statute only applies to agreements entered into between employers and certain employees and independent contractors on or after Oct. 1, 2018, so the law’s ramifications are still largely yet to be determined. Nevertheless, … Continue Reading
On Dec. 28, 2018, in Calixto v. Coughlin, the Supreme Judicial Court of Massachusetts (SJC) issued a unanimous opinion in favor of Greenberg Traurig’s clients, former officers of a defunct company. The SJC upheld the dismissal of Calixto’s claims alleging violation of the Massachusetts Wage Act, G. L. c. 149, § 148 (Wage Act), and … Continue Reading
On Jan. 15, 2019, the U.S. Occupational Safety and Health Administration issued a notice announcing another increase in the maximum penalty amounts for violations of federal Occupational Safety and Health standards and regulations. Under the new structure, the maximum penalty for “Willful” or “Repeated” violations is $132,598. Moreover, the maximum penalty for “Failure to Abate” violations is … Continue Reading
There are myriad special rules for employers operating in California, and even more were signed into law last term. 2018 was Jerry Brown’s last year of his second “two-term” round as governor. Both legislatively and judicially, 2018 was a busy year, with the legislature sending more than 1,000 bills to the governor. This GT Alert … Continue Reading
On Jan. 15, 2019, U.S. District Judge William J. Martini ruled that New Jersey’s newly minted Diane B. Allen Equal Pay Act (NJEPA), enacted April 24, 2018, and by its terms effective July 1, 2018, “is not retroactively applicable to conduct occurring prior to its effective date.” Perrotto v. Morgan Advanced Materials, PLC. While Judge … Continue Reading
Jan. 17, 2019, marks the fourth day of the Los Angeles Unified School District (LAUSD) teachers’ strike. For now, the nation’s second largest school district is using substitute teachers to keep classrooms open on a regular schedule for the hundreds of thousands of elementary, middle, and high-school students LAUSD serves, though as discussed below, certain … Continue Reading
Many employers and attorneys assume that covenants not to compete found in employment agreements are not enforceable against California residents absent narrow exceptions, and that courts would reject any attempt to apply another state’s choice of law provision to draft around this issue. A recent case from the Delaware Chancery Court, NuVasive, Inc. v. Patrick Miles, … Continue Reading
Wendy Johnson Lario, shareholder and chair of Greenberg Traurig LLP’s New Jersey Labor & Employment Practice, has been named by the New Jersey Law Journal as one of its 2018 Top Women in the Law. According to the publication, the female attorneys who are listed as Top Women in the Law have influenced the law … Continue Reading
Although California law generally prohibits non-competition agreements, some courts in a number of unpublished opinions have enforced non-solicitation clauses restricting former employees from pirating their former colleagues. A California appellate court, however, recently invalidated such a provision in a published opinion, calling into question an employer’s ability to rely upon such agreements. In AMN Healthcare Inc. … Continue Reading
Shareholder Todd D. Wozniak, of global law firm Greenberg Traurig, LLP, was named a 2018 Law360 MVP for Benefits. Law360’s MVP series showcases standout attorneys who have had significant client wins and contributions to their practice area in the last year. Co-Chair of the firm’s ERISA & Employee Benefits Litigation group, Wozniak has tried more … Continue Reading
Jan. 1, 2020, marks the effective date of the recently enacted California Consumer Privacy Act (CCPA), a new law that requires companies to comply with numerous requirements related to collecting and processing personal information of California employees and other individuals. Don’t let the “Consumer” language of the CCPA fool you – under the CCPA, the … Continue Reading
On Oct. 11, 2018, the Virginia Supreme Court extended the duty of care owed by an employer beyond just employees to any family members or third parties who may be affected by the employer’s action. In a 4-3 decision, the court ruled in Quisenberry v. Huntington Ingalls, Inc. that if an employer knew or should … Continue Reading
New York State and New York City have passed new legislation in an effort to strengthen prohibitions against sexual harassment in the workplace. Last month, we reported on those new developments (See GT Alert, “New Anti-Sexual Harassment Compliance Mandates for New York State and New York City in Full Swing,” September 2018). By Oct. 9, … Continue Reading
For New York employers who may not have closely monitored legal developments in the human resources and sexual harassment sphere over the summer, now is a good time to become familiar with the significant legal changes in effect, especially those with pressing deadlines. With increasing national media coverage of sexual harassment claims, both New York … Continue Reading
