On May 26, 2016, in the matter of Lewis v. Epic Systems Corporation, the U.S. Court of Appeals for the Seventh Circuit held that an arbitration agreement, which required employees to submit to individual arbitration for any wage and hour claims against the company, violates the National Labor Relations Act (“NLRA”) and is unenforceable under the Federal Arbitration Act (“FAA”). In issuing this decision, the Seventh Circuit gave credence to the National Labor Relations Board’s (“NLRB”) decision in D. R. Horton and, in doing so, has created a split amongst U.S. Circuit Courts of Appeal regarding the enforceability of arbitration agreements that preclude class actions.
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New York State Minimum Wage Set to Increase to $15 Per Hour
On April 4, 2016, New York Governor Andrew Cuomo signed a law which will significantly increase the minimum wage in New York State from the current rate of $9, to $15 by the end of 2018 for many businesses in New York City, and to $15 by the end of 2021 for the New York City commuter counties of Nassau, Suffolk and Westchester. The minimum wage for the remainder of the state will reach $12.50 by the end of 2020. In enacting this law, New York joins California as the only two states in the country which have instituted a $15 minimum wage.
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New Year, New Rules for Employers Doing Business in New Jersey
This past year New Jersey state and local legislatures implemented several employment laws that are set to take effect at the end of 2015 or in early 2016. This update summarizes these new legal requirements to help New Jersey employers prepare and comply in 2016.
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Second Circuit Finds EEOC Investigation Not Subject to Review
Recently, the United States Court of Appeals for the Second Circuit held in the matter of Equal Employment Opportunity Commission (“EEOC”) v. Sterling Jewelers Inc. (“Sterling Jewelers”), that the District Court erred by considering the sufficiency of the EEOC’s pre-suit investigation instead of simply considering whether an investigation occurred.
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Second Circuit Holds: You Can’t Always Get What You Want – As Long As Your Employer Gives You What You Need (An Effective Accommodation)
On May 21, 2015, the United States Court of Appeals for the Second Circuit, in Noll v. International Business Machines Corporation, Case No. 13-4096 (May 21, 2015), affirmed a decision by the Southern District of New York which granted the defendant-employer summary judgment on the plaintiff-employee’s claims under the Americans with Disabilities Act (“ADA”) and the New York State Human Rights Law (“NYSHRL”). Specifically, the Second Circuit held that: (i) the employer reasonably accommodated plaintiff by providing American Sign Language (“ASL”) interpreters capable of translating intranet files; and (ii) in light of this accommodation, plaintiff had no claim under the ADA or the NYSHRL that the employer failed to engage in the interactive process.
Continue Reading Second Circuit Holds: You Can’t Always Get What You Want – As Long As Your Employer Gives You What You Need (An Effective Accommodation)
Supreme Court of New Jersey Adopts Faragher/Ellerth Affirmative Defense
On February 11, 2015, the Supreme Court of New Jersey expressly adopted the test created by the United States Supreme Court in Faragher v. City of Boca Raton, 524 U.S. 775, 807 (1998) and Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 765 (1998). The Faragher/Ellerth defense provides an employer with an affirmative defense to vicarious liability for a supervisor’s sexual harassment. In Aguas v. State, No. 072467, 2015 WL 659543, at *1 (N.J. Feb. 11, 2015), the New Jersey Supreme Court ruled, for the first time, that the Faragher/Ellerth affirmative defense was viable under New Jersey law. In reaching this decision, the New Jersey Supreme Court addressed two issues which it had not previously ruled upon: (i) the impact of an employer’s anti-harassment policy for purposes of negligence, recklessness, or vicarious liability claims, and (ii) which factors trial courts should apply in determining if an employee will be considered a supervisor for a hostile work environment sexual harassment claim.
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Six Considerations For Employers Faced With The Ebola Virus Or Other Infectious Diseases
As the Ebola virus has spread to a second city in the United States, and with the potential for additional cities to be affected, many businesses are faced with the difficult task of determining how to properly handle their workforce in the face of such an epidemic. While there are many concerns employers may have with respect to Ebola and their workforce, this article will focus on six key considerations for employers when managing this, or any other, health epidemic.
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New York City Amends Its Human Rights Law to Extend Protection to Interns
On April 15, 2014, New York City Mayor Bill De Blasio signed into law an amendment to the New York City Human Rights Law (“NYCHRL”) extending the protections from discrimination and harassment contained in the NYCHRL to both paid and unpaid interns. The amendment goes into effect on June 14, 2014.
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United States Supreme Court Holds That Section 806 of the Sarbanes-Oxley Act Extends to Employees of Private Companies Who Are Contractors or Subcontractors for Covered Public Companies
In Lawson v. FMR, LLC, No. 12-3, 2014 WL 813701 (U.S. Mar. 4, 2014), the Supreme Court of the United States, in a 6-3 decision reversing the United States Court of Appeals for the First Circuit, held that the whistleblower protection provision in Section 806 of Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1514A (“SOX”), protects employees of publicly traded companies and employees of privately held companies that are contractors or subcontractors for a covered publicly traded company. In reaching this decision, the Supreme Court has clarified the definition of “covered employee” under the whistleblower provisions of SOX and expanded the scope of SOX.
Continue Reading United States Supreme Court Holds That Section 806 of the Sarbanes-Oxley Act Extends to Employees of Private Companies Who Are Contractors or Subcontractors for Covered Public Companies
Newark Becomes Second City in New Jersey to Require Mandatory Paid Sick Leave
On January 29, 2014, Newark Mayor Luis Quintana signed into law an ordinance requiring mandatory paid sick leave for employees. This new ordinance goes into effect on May 29, 2014.
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