On February 11, 2016, the New Jersey Senate passed  Bill S992, which seeks to supplement New Jersey’s current equal pay law and amend the State’s Law Against Discrimination. As discussed in our previous blog post, similar laws went into effect in New York and California this year. On the Federal level, the EEOC announced in January 2016 its intention to submit to the Office of Management and Budget (OMB) a major revision to the Employer Information Report (EEO-1), which will require that all employers with more than 100 employees submit compensation data to the EEOC beginning in 2017.  See our blog post: https://www.lawandtheworkplace.com/2016/01/president-obama-expected-to-announce-new-eeo-1-pay-equity-reporting-requirements/.

If enacted, the New Jersey bill would not only restart the statute of limitations each time a discriminatory paycheck is issued to the employee—similar to the federal Lily Ledbetter Fair Pay Act—but it would also allow back pay for the entire violation period.  The legislation would also:

  • Prohibit an employer from retaliating against an employee for disclosing information about any employee’s title, occupational category, or rate of compensation to other employees, any government agency, or a lawyer from whom the employee seeks legal advice. An employer would also be prohibited from requiring an employee to sign a waiver of such rights as a condition of employment;
  • Prohibit an employer from paying an employee at a lesser rate of compensation than another employee of the opposite sex for “substantially similar” work, when viewed as a composite of skill, effort, and responsibilities;
  • Require an employer to justify questionable differences in pay rates by showing such pay decisions are based on a seniority system, a merit system, or otherwise based on a bona fide job-related reason other than sex; and
  • Require contractors to provide information on gender, race, job title, occupational category and compensation, and significant changes during the course of the contract to the New Jersey Labor Commissioner and Division of Civil Rights. Contractors would also be required to disclose such information to employees and their authorized representatives upon request.

As of March 7, 2016, the bill has been reported out to the Assembly for consideration. We will continue to monitor this legislation for further developments.

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Photo of Allan Bloom Allan Bloom

Allan S. Bloom is a nationally recognized trial lawyer and advisor who represents management in a broad range of employment and labor law matters. As a litigator, Allan has successfully defended a number of the world’s leading companies against claims for unpaid wages…

Allan S. Bloom is a nationally recognized trial lawyer and advisor who represents management in a broad range of employment and labor law matters. As a litigator, Allan has successfully defended a number of the world’s leading companies against claims for unpaid wages, employment discrimination, breach of contract and wrongful discharge, both at the trial and appellate court levels as well as in arbitration. He has secured complete defense verdicts for clients in front of juries, as well as injunctions to protect clients’ confidential information and assets.

As the leader of Proskauer’s Wage and Hour Practice Group, Allan has been a strategic partner to a number of Fortune 500 companies to help them avoid, minimize and manage exposure to wage and hour-related risk. Allan’s views on wage and hour issues have been featured in The New York TimesReutersBloomberg and Fortune, among other leading publications. His class-action defense work for clients has saved hundreds of millions of dollars in potential damages.

Allan is regularly called on to advise boards of directors and senior leadership on highly sensitive matters such as executive transitions, internal investigations and strategic workforce planning. He also has particular expertise in the financial services industry, where he has litigated and arbitrated cases, including at FINRA and its predecessors, for more than 20 years.
A prolific author and speaker, Allan was the Editor of the New York State Bar Association’s Labor and Employment Law Journal from 2012 to 2017. He has served as an author, editor and contributor to a number of leading treatises in the field of employment law, including ADR in Employment Law (ABA/Bloomberg BNA, Senior Editor), Employment Discrimination Law (ABA/Bloomberg BNA, Final Proof Editor), Cutting Edge Advances in Resolving Workplace Disputes (Cornell University/CPR, Editor), The Employment Law Review (Law Business Research, U.S. Chapter Author), and The Complete Compliance and Ethics Manual (SCCE, Chapter Author).

Allan is a member of the NYSBA’s House of Delegates, sits on the Executive Committee of the NYSBA’s Labor and Employment Law Section, and is a Fellow of the College of Labor and Employment Lawyers. He has been recognized as a leading practitioner by Chambers since 2011.