On April 14th New Jersey Governor Phil Murphy signed Senate Bill 2353 into law. The law delays the application date of the New Jersey WARN amendments passed earlier this year and removes mass layoffs due to COVID-19 from coverage under the statute.
Continue Reading New Jersey Gives Employers a Break on New WARN Requirements Due to COVID-19

On January 21, 2020, New Jersey Governor Phil Murphy signed Senate Bill 3170 (the “amendments” or “NJ WARN Act”) into law making New Jersey the first state in the nation to require severance pay for mass layoffs.  The law, scheduled to go into effect on July 19, 2020, will make it dramatically more expensive for companies to conduct a large scale reduction in force in New Jersey.
Continue Reading New Jersey Significantly Modifies the New Jersey WARN Act to Require Severance Pay for Mass Layoffs

Effective February 10, 2020, the top ten members of an out-of-state limited liability company (“LLC”) can be held personally liable for violations of New York’s wage and hour laws. The bill, signed on December 12 by Governor Andrew Cuomo, amends New York’s LLC Law which previously only extended individual liability for unpaid wages to owners of domestic LLCs (text available here).
Continue Reading New York Targets Members of Out-of-State LLCs in New Wage Theft Bill

On November 7th a bill was introduced in the New Jersey legislature that would, like California’s AB 5 (see our previous blog here), codify a stricter version of the ABC test for determining independent contractor classification. The bill, S4204 (text available here), also affirms New Jersey courts’ use of the ABC test under the state’s unemployment law, Wage and Hour Law, Wage Payment Law, and other contexts.
Continue Reading New Jersey Bill Would Codify a Stricter Version of ABC Test for Determining Independent Contractor Status

On June 26, 2019, Southern District of New York Judge Denise Cote granted a motion to compel arbitration of a plaintiff’s sexual harassment claims finding that the New York State prohibition on mandatory arbitration of sexual harassment claims is preempted by the Federal Arbitration Act (“FAA”). As we mentioned in our blog upon this law’s enactment, the United States Supreme Court has routinely held that state laws expressly identifying a category of non-arbitrable state law claims are preempted by the FAA. In Latif v. Morgan Stanley & Co., the Southern District followed the Supreme Court and found the New York ban on mandatory arbitration of sexual harassment claims unenforceable.
Continue Reading Southern District of New York Invalidates State Ban on Mandatory Arbitration of Harassment and Discrimination

On June 19th, the New York State Senate and Assembly voted to pass omnibus legislation greatly strengthening protections against sexual harassment. While the bill, SB 6577, is still waiting for the Governor’s signature, Governor Cuomo supported the legislation and plans to sign the bill when it is sent to his desk. The legislation is the product of two legislative hearings that took place early this year, inspired by a group of former legislative staffers who have said they were victims of harassment while working in Albany, NY. The bill includes several provisions directly affecting private employers. These provisions include:
Continue Reading New York State Legislature Enacts Sweeping Changes to Combat Sexual Harassment