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New Jersey’s law prohibiting discrimination against the unemployed in job advertisements – the first of a new crop of similar state and municipal laws – is constitutional, according to a recent New Jersey appeals court decision.
Continue Reading Court Upholds New Jersey’s Ban on Unemployment Discrimination in Job Advertisements

For over two years, the National Labor Relations Board (the “Board”) fought to require employers to post in their workplaces a notice of employee rights under the National Labor Relations Act (“NLRA”).  Those efforts met with stiff opposition from employers, and now appear to have come to an end.
Continue Reading NLRB Abandons Fight Over Mandatory Workplace Poster Rule

As we detailed in a previous posting (available here), in September 2012, Governor Cuomo signed into law new legislation which permits employers to make additional deductions from employees’ paychecks. Among other things, the bill amended Section 193 of the New York Labor Law to authorize employers to make deductions from an employee’s wages to recover accidental wage overpayments, or to make deductions for repayment of a salary/wage advance.  Although the statute became effective on November 6, 2012, under the law, such deductions could only be made subject to regulations to be promulgated by the New York Department of Labor (“NY DOL”).  At long last, on October 9, 2013, the NY DOL issued final regulations which govern how employers can implement the new legislation.
Continue Reading Update: New York Department of Labor Issues Final Wage Deduction Regulations

The New York Court of Appeals recently overturned the dismissal of an employee’s discrimination claim under the New York City Human Rights Law (“NYCHRL”), while at the same time upholding the dismissal of the employee’s disability claims under the New York State Human Rights Law (“NYSHRL”).  In doing so, the Court of Appeals emphasized the more stringent pleading requirements under the city law, as compared to the state law.
Continue Reading New York Court of Appeals Places Burden on Employer to Plead that Employee Seeking Indefinite Leave Cannot Satisfy the Essential Requisites of the Job

Effective August 29, 2013, New Jersey’s Law Against Discrimination prohibits employer reprisals against an employee who asks another employee, or former employee, for her rate of pay, as well as other information such as the other employee’s benefits, job category, race, ethnicity or national origin.  To be protected, however, the employee’s request must be for purposes of investigating the possibility of, or taking legal action regarding, discrimination involving pay or benefits.

Continue Reading New Jersey Law Now Protects Employees Who Ask Fellow Employees (or Former Employees) for Their Salary Information

On August 29, 2013, New Jersey Governor Chris Christie signed into law a new measure prohibiting employers from requiring employees or job applicants to provide login information or allow employer access to their accounts on social media sites such as Facebook, Twitter, and YouTube. While, under the law, employers may still view any publicly available information, they may not compel employees to disclose account passwords or “friend” company personnel.

Continue Reading New Jersey Employers May Not “Like” State’s New Social Media “Privacy Settings”