Law and the Workplace
Daniel Saperstein

Daniel Saperstein

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New Jersey Court Okays Provision in Job Application Reducing Statute of Limitations

In Rodriguez v. Raymours Furniture Co., Inc., No. A-4329-12T3, 2014 WL 2765273 (App. Div. June 19, 2014), New Jersey’s Appellate Division upheld a provision in a job application that limited the time in which an employee could sue the company to no more than six months after an alleged adverse employment action. This is the … Continue Reading

Tennessee Enacts Trio of Employment Laws

Tennessee’s governor recently signed three new employment laws. The first, a social media law, takes effect on January 1, 2015,and provides applicants and employees with social media protections similar to those in fifteen other states.The second, a negligent hiring and retention law, designed to provide a measure of protection to employers that hire and retain … Continue Reading

Newark Sick Leave Law Update

The Newark Department of Child and Family Well-Being (Department) recently issued a press release on the City’s new paid sick leave ordinance (Ordinance) together with FAQ forms for employees and employers. In the release, the Department appears to move the effective date of the Ordinance from May 29, 2014 to June 21, 2014. One of the requirements … Continue Reading

New Jersey Senate Approves Additional Protections for the Unemployed

On May 12, 2014, the New Jersey Senate approved a bill—S1440—that would strengthen existing protections for the State’s unemployed.  In 2011, New Jersey became the first jurisdiction in the country to limit discrimination against the unemployed by prohibiting job postings that state: (1) current employment is a necessary qualification for the position; (2) an applicant … Continue Reading

Third Circuit Embraces “Lower Bar” for Successor Liability under the FLSA

In Thompson v. Real Estate Mortgage Network, the Third Circuit adopted a standard of successor liability that will lower the bar for whether an employer can be held accountable under the Fair Labor Standards Act for the wage and hour violations of its predecessor. Read this alert to learn more about the decision.   Read … Continue Reading

New Georgia Law Helps Protect Employers from Negligent Hiring and Retention Claims

On April 13, 2014, Georgia’s governor signed SB 365 to, in part, protect employers that hire and retain employees with criminal convictions. Read this alert to learn more about the new law.   Read the full text of this alert.… Continue Reading

Sixth Circuit Affirms Summary Judgment Against EEOC in Credit Check Suit

In Equal Employment Opportunity Commission v. Kaplan Higher Education Corp., the U.S. Court of Appeals for the Sixth Circuit affirmed the award of summary judgment against the EEOC in its suit alleging that Kaplan’s use of credit checks disparately impacted African-American applicants in violation of Title VII of the Civil Rights Act of 1964. Read … Continue Reading

Wisconsin Latest State to Provide Social Media Protections to Applicants and Employees

On April 10, 2014, a new Wisconsin law took effect to prohibit employers from requiring or requesting that prospective and current employees disclose usernames and passwords for their personal Internet accounts. Read this alert to learn more about the new law.   Read the full text of this alert.… Continue Reading

New Mexico Law Requires Employers to Post Human Trafficking Poster

New Mexico’s governor recently signed a law mandating that, no later than July 1, 2014, employers subject to the state’s Minimum Wage Act conspicuously display in their facilities a poster on human trafficking. Read this alert to learn more about the new posting requirements.   Read the full text of this alert.  … Continue Reading

Connecticut Moves Toward Highest Minimum Wage of Any State in the Country

On March 27, 2014, Connecticut Governor Dannel Malloy signed a law that is poised to make Connecticut’s minimum wage the highest of any state in the nation by 2017. Employers should read this alert to ensure compliance with the new minimum wage rates once they take effect.   Read the full text of this alert.… Continue Reading

San Francisco Releases “Ban the Box” Notice for Posting and Distribution

San Francisco’s new Fair Chance Ordinance (“FCO”) “bans the box” and otherwise restricts private employers and City contractors from inquiring into or considering certain criminal offenses when making hiring and personnel decisions. One of the requirements of the FCO is for employers and contractors to post and distribute a written notice of rights, which San … Continue Reading

Philadelphia Issues New Pregnancy & Employment Rights Notice

Philadelphia recently amended its fair employment practices ordinance to expand protection for employees against discrimination based on pregnancy, childbirth, or a related medical condition. Among other things, employers must provide a written notice of rights to all existing employees by April 20, 2014, and to all new hires thereafter. For more on the new ordinance, … Continue Reading

New Jersey Employers Must Display Two Updated Posters

The New Jersey Department of Labor and Workforce Development (“Department”) recently updated two of the posters that employers must conspicuously display in the workplace. The first updated poster—the New Jersey State Wage and Hour Law Abstract—reflects the increase in the state minimum wage to $8.25 per hour. The second updated poster concerning Unemployment and Disability … Continue Reading

Will New Jersey Raise the Minimum Wage for Tipped Workers?

On March 24, 2014, the New Jersey Assembly Labor Committee advanced a bill (A857) that, should it become law, would raise dramatically the state’s minimum wage for tipped workers.  Currently, New Jersey employees who receive tips or gratuities must be compensated at no less than the minimum federal tip credited hourly wage of $2.13.  Under … Continue Reading

Employers Beware: N.Y. AG Takes on CRAs, Forewarns Heightened Article 23-A Enforcement

It is well known that Article 23-A of New York’s Correction Law requires employers to consider several mitigating factors before taking adverse action against a job applicant based on a past conviction.  Recently, four of the nation’s largest consumer reporting agencies (CRAs), which regularly run criminal background checks on behalf of employers, came under fire … Continue Reading

D.C. Expands Paid Sick Leave Law

  D.C.’s Earned Sick and Safe Leave Amendment Act of 2013 significantly broadens the scope of the Accrued Sick and Safe Leave Act of 2008 (the “ASSLA”) by covering more employees, as well as imposing additional recordkeeping requirements. The Amendment took effect last week but it will not apply to employers until a statement of its … Continue Reading

NH Senate Votes to Ban Credit Checks

On March 13, 2014, the New Hampshire Senate voted to limit the use of credit checks in hiring and personnel decisions.  The legislation (SB 295) is not solely prohibitive, as an employer may consider credit history where otherwise required under state or federal law, or where there is a bona fide purpose that is substantially … Continue Reading

Background Check Guidance from the FTC

On March 10, 2014, the Federal Trade Commission and the Equal Employment Opportunity Commission jointly issued two short guides on the use of background checks in hiring and personnel decisions. This alert addresses the guides as well as the ongoing roles of these agencies in monitoring employment-related background checks and enforcing applicable laws. Read the full … Continue Reading

Newark Follows Jersey City with Sick Leave Law

On January 29, 2014, the Mayor of Newark, New Jersey signed into law an Ordinance requiring employers to provide paid sick leave to their employees, effective May 29, 2014, or, for employees who are covered by a collective bargaining agreement (“CBA”), upon expiration of the current union contract. Similar laws have been enacted in the … Continue Reading

Social Media Watch: Illinois Federal Court Lowers Bar for SCA Claims

Social media privacy cases continue to grow under the Stored Communications Act (“SCA”) (see our prior alert on the Ehling decision).  The SCA provides a private right of action for unauthorized, intentional access of another’s communications held in electronic storage, allowing the plaintiff to recover actual damages, plus any profits made by the violator, in … Continue Reading

A Woolley Situation: District of New Jersey Refuses to Enforce Arbitration Clause in Employee Handbook

New Jersey employers should consider the risks of including an arbitration agreement in a standard employment handbook in light of a recent decision by the U.S. District Court for the District of New Jersey in Raymours Furniture Co., Inc. v. Rossi, No. 13-4440, 2014 U.S. Dist. LEXIS 1006 (D.N.J. Jan. 2, 2014). The court refused … Continue Reading

San Francisco “Bans the Box” for Private Employers and City Contractors

San Francisco recently became the ninth jurisdiction to enact a “ban the box” ordinance prohibiting private employers and city contractors and subcontractors from asking job applicants about their criminal histories until after the first interview. The new ordinance further restricts the types of criminal offenses about which employers and contractors may inquire or otherwise may … Continue Reading

New Jersey Senate Considering Protections for Employees During States of Emergency

On the heels of one of the most difficult winters in recent memory, a recently-introduced bill (S1717) in the New Jersey Senate would protect employees from adverse actions due to absence from the workplace during a “state of emergency.” According to the bill, a “state of emergency” is a natural or man-made disaster or emergency … Continue Reading

Philadelphia Latest to Protect Pregnancy, Require Reasonable Accommodation

Philadelphia recently amended the city’s fair practices ordinance to expand the protections against discrimination for employees based on pregnancy, childbirth, or a related medical condition. This alert examines the amendment, which took effect on January 20, 2014. Read the full text of this alert.… Continue Reading
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