Labor & Employment Law Blog

Connell Foley Partner, Michael A. Shadiack Will Be Presenting at the National Business Institute Seminar

On February 19, 2014, Michael A. Shadiack will be presenting "Tips for Employers When Drafting and Updating Employee Handbooks," at the National Business Institute Seminar in Newark.

Click here for more information about this seminar

New Jersey and New York Increase Minimum Wage

Effective January 1, 2014, the minimum hourly wage for non-exempt employees increased in both New Jersey and New York.  In New Jersey, the minimum wage increased from $7.25 to $8.25 per hour.  In New York, the minimum wage increased from $7.25 to $8.00 per hour.  Employers need to be aware of these changes and must pay their non-exempt employees no less than that minimum hourly wage for each regular hour worked.

Additional Update to Proposed New NJLAD Category

On January 6, 2014, the New Jersey Assembly passed Bill No. S-2995, which would amend the New Jersey Law Against Discrimination to include pregnancy as a protected category, by a vote of 77-1.  Previously, on November 18, 2013, the New Jersey Senate unanimously passed the bill.

NJ Department of Labor Announces Posting and Distribution Requirement Date for Gender Equity Poster

In its December 2013 update, the New Jersey Department of Labor (“DOL”) announced that it will publish the notice of adoption of the so-called “gender equity notice” in the New Jersey Register’s January 6, 2014 issue.  The gender equity notice was originally proposed on January 7, 2013.

Proposed New Bill Would Protect Unpaid Interns In The Workplace

On November 18, 2013, Bill No. S-3064, which would permit unpaid interns to seek relief from purported harassment, discrimination and retaliation under the Law Against Discrimination, the Conscientious Employee Protection Act, and the Worker Freedom From Employer Intimidation Act, was introduced.  Senator Nia Gill (Essex) sponsored the bill.

Update to Proposed New NJLAD Category

On November 7, 2013, the Senate Labor Committee unanimously endorsed Bill No. S-2995, with amendments.  This bill would add a new protected category - pregnancy - to the New Jersey Law Against Discrimination.  The term “pregnancy” would encompass not only the actual pregnancy, but childbirth and related medical conditions, such as childbirth recovery.
          

Proposed New NJLAD Category

On September 30, 2013, Bill No. S-2995, which would add a new protected category - pregnancy - to the New Jersey Law Against Discrimination, was introduced to the New Jersey Senate by Senator Loretta Weinberg (Bergen).  Under the proposed amendments, it would be unlawful for an employer to treat female employees affected by pregnancy in a less favorable manner than similarly situated persons who are not affected by pregnancy.  Employers would be required to provide reasonable accommodations, upon request of the affected employee with advice of the employee’s physician.

Vance v. Ball State Univ. et al., 570 U.S. ____ (2013).

On June 24, 2013, the Supreme Court of the United States issued its decision in Vance v. Ball State University.  The Court had decided to hear the case in order to clarify the “supervisor” liability rule that it had established in 1998 in Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth.  According to those cases, an employer is vicariously, and strictly, liable for a supervisor's workplace harassment of, and discriminatory conduct directed toward, employees.

University of Texas Southwestern Medical Center v. Nassar, 570 U.S. ____ (2013).

Title VII of the Civil Rights Act of 1964 generally prohibits employment discrimination based on employee’s race, color, religion, sex and national origin. Employees who bring lawsuits claiming employment discrimination because of their status as a member of one of these protected groups [status claims] must show that illegal discrimination was a motivating factor or a reason that they suffered an adverse employment action. This is sometimes referred to as the motivating factor test.