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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

Last month, the United States Court of Appeals for the Fourth Circuit raised the stakes on what has become one of the most prominent topics in the labor law community in recent times with its 2-1 decision in National Labor Relations Board v. Enterprise Leasing Co. SE, LLC, 2013 WL 3722388 (4th Cir. July 17, 2013). Taking up a topic recently examined by the Courts of Appeal for the D.C. Circuit and the Third Circuit, the Fourth Circuit held that President Barack Obama’s appointment of three members to the five-person National Labor Relations Board (the “NLRB”) on January 4, 2012 (previously discussed here) was unconstitutional. This means that, according to the Fourth Circuit, the NLRB has been acting without the three-person quorum it is required to have in order to issue valid orders and decisions since January 4, 2012, when the appointment occurred.
Continue Reading Another Circuit Court Finds President’s NLRB Recess Appointments Unconstitutional

As we detailed in a previous blog post (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 in connection with 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. This guidance came on May 22, 2013, when the Department of Labor published its proposed regulations for wage deductions under Section 193. In addition to addressing the procedures for deductions for overpayments and advances, the proposed regulations also provide clarification on deductions that may be taken “for the benefit of the employee.” The proposed regulations (available here) are currently open for public comment until July 6, 2013, meaning the Department of Labor will likely finalize and then codify its regulations later this summer.
Continue Reading Update: New York Department of Labor Releases Proposed Wage Deduction Regulations