Labor & Employment Law Blog

Revised Occupational Safety and Health Administration (“OSHA”) Recordkeeping and Reporting Requirements Effective Jan. 1, 2015

Beginning January 1, 2015, employers under the federal jurisdiction of OSHA will be required to comply with more stringent OSHA recordkeeping and reporting requirements.  In the past, employers were required to report all work-related fatalities and all work-related hospitalizations of three or more employees. Starting January 1st, however, employers must report all of the following:

The Office of Federal Contract Compliance Programs (OFCCP) Publishes Final Rule Prohibiting Discrimination by Federal Government

On December 9, 2014, the Office of Federal Contract Compliance Programs (“OFCCP”) published a Final Rule implementing President Obama’s Executive Order 13672, which incorporates “sexual orientation” and “gender identity” as protected classes and bars related employment discrimination by federal government contractors.  The Final Rule becomes effective on April 8, 2015 (120 days after publication in the Federal Register).  The Rule was initially expected to be published in the Federal Register on December 3, 2014, but a notice soliciting co

New Jersey Assembly Committee Advances Paid Sick Leave Bill

On October 27, 2014, the New Jersey Assembly Labor Committee advanced amended legislation that would require employers to provide paid sick leave to their employees.  The Legislature is joining a national and local trend to mandate paid sick leave in almost every workplace.

New Jersey Minimum Wage Hike Effective January 1

On January 1, 2015, New Jersey’s minimum wage will increase from $8.25 per hour to $8.38 per hour.  In November 2013, voters approved a constitutional amendment to initially raise New Jersey’s minimum wage to $8.25 per hour and then raise it annually according to the cost-of-living increases tied to the Consumer Price Index (“CPI”).  Each September, these annual increases are calculated.

Three New Jersey Towns Pass Paid Sick Leave Ordinances

Within the past few weeks, three New Jersey towns – Passaic, Paterson and East Orange – passed paid sick leave ordinances.  Under these laws, private employers are required to provide paid sick leave to their employees who work a minimum number of hours per year within the city.

NJ Appellate Division Upholds Employment Application Truncating Statute of Limitations

On June 19, 2014, in Rodriguez v. Raymours Furniture Co., 436 N.J. Super. 305 (App. Div. 2014), the New Jersey Appellate Division held that a contractual provision contained in an employment application that shortens the statute of limitations applicable to claims against the employer is enforceable.

Draft Affordable Care Act Forms and Instructions Released

The IRS recently released draft forms and instructions for employers to review in connection with the Affordable Care Act (“ACA”) employer mandate.  These forms are merely in “draft” form and may change in the future, but they provide insight into the scope of information that likely will be required from employers in the near future.

NLRB Ratifies Agency Actions Following Supreme Court’s Noel Canning Decision

On July 18, 2014, the National Labor Relations Board (“NLRB”) ratified all administrative, personnel, and procurement actions approved and/or taken by the Board between January 4, 2012 and August 5, 2013.  This ratification follows the U.S. Supreme Court’s decision in NLRB v. Noel Canning that invalidated NLRB actions during that time period because President Obama impermissibly appointed Board members in January 2012.

Christie Signs “Ban the Box” Legislation

On August 11, 2014, Governor Chris Christie signed into law the Opportunity to Compete Act, joining the national trend of “ban the box” legislation.  The Legislature passed the underlying bill in June.

NLRB General Counsel Authorizes Complaints Against Both McDonald’s Franchisees and Franchisor

The Office of the General Counsel of the National Labor Relations Board (“NLRB”) has been investigating charges against McDonald’s franchisees that they violated their employees’ labor rights in connection with employee protests.  Yesterday, July 29, 2014, the General Counsel authorized complaints against both the McDonald’s franchisees and, startlingly, their franchisor for those alleged violations.