As most employers are aware, the Immigration Reform and Control Act of 1986 (the “Act”) requires employers to verify that their employees are legally authorized to work in the United States. The Department of Homeland Security recently issued a revised Form I-9, which must be completed by all employers to verify the identity and employment… Continue Reading
Category Archives: Employment Policies and Practices
Subscribe to Employment Policies and Practices RSS FeedPreparing for the Employer Mandate
Posted in Employment Policies and PracticesCole Schotz Employment Law Attorneys Michael Morea and Lauren Manduke recently had an article published in the New Jersey Law Journal entitled Preparing for the Employer Mandate. This article details what employers need to know about the implementation and requirements of the Patient Protection and Affordable Care Act (ObamaCare). Specifically, the article explains the significance… Continue Reading
Who is a Large Employer Under Obamacare?
Posted in Employment Policies and PracticesAmong other things, the Patient Protection and Affordable Care Act (the “Act”), commonly referred to as Obamacare, requires “large employers” to provide qualified health coverage for all of their full-time employees, or pay an annual penalty. A large employer is generally an employer with 50 or more full-time employees. In order to prevent employers from… Continue Reading
Bill Introduced in NJ Assembly to Limit Enforcement of Non-Compete and Non-Solicitation Agreements
Posted in Employment Policies and PracticesA bill introduced in the New Jersey Legislature on April 4, 2013, Assembly Bill 3970, seeks to prohibit enforcement of agreements restricting departing employees from competing, disclosing confidential information, or soliciting employees or customers if those employees are found eligible to receive unemployment compensation benefits. The legislation is intended to remove barriers for those seeking… Continue Reading
New York City Prohibits Discrimination Against The Unemployed
Posted in Employment Policies and Practices, Harassment, Discrimination and Retaliation, Wage and Hour and Executive CompensationOn March 13, 2013, the New York City Council overrode Mayor Bloomberg’s veto of legislation prohibiting New York City employers from discriminating against unemployed job applicants. In so doing, New York City joins New Jersey and other jurisdictions that have recently prohibited employers from basing employment decisions on an applicant’s unemployment status. The new law… Continue Reading
Department Of Labor Expands Military Protections Of FMLA
Posted in Employment Policies and PracticesOn February 6, 2013, the Department of Labor announced a final rule that will expand protection for military service members’ families under the Family and Medical Leave Act (“FMLA”). The final rule, which can be found here, takes effect on March 8, 2013. The final rule makes the following major changes to the FMLA: Defining… Continue Reading
OSHA Requires Immediate Action by Certain Employers to Meet the February 1, 2013 Recordkeeping Deadline
Posted in Employment Policies and PracticesOSHA’s injury and illness recordkeeping regulations, 29 C.F.R. 1904, require that on February 1, 2013 certain employers post a summary of all injuries and illnesses that occurred in 2012. Employers are required to use OSHA’s 300A summary form or an equivalent form. The summary must remain posted until April 30, 2013. Even if there were… Continue Reading
New York Considering Amendment to Labor Law § 198 That Would Double Liquidated Damages Penalty for Failure to Pay Employees’ Wages
Posted in Employment Policies and Practices, Wage and Hour and Executive CompensationThe New York State Assembly is considering a proposed amendment to Labor Law § 198 that would significantly increase the amount of liquidated damages that an employer must pay for failure to pay employees’ wages under certain situations as required by law. The current version of Labor Law § 198 requires an employer to pay… Continue Reading
It’s Time For Employers To Update Their FCRA Forms
Posted in Employment Policies and PracticesBy January 1, 2013, employers who conduct background checks on applicants or employees will be required to use the updated Fair Credit Reporting Act (“FCRA”) forms. The updated FCRA forms can be found here. These updated forms include “A Summary of Your Rights Under the Fair Credit Reporting Act” that employers must provide to applicants… Continue Reading
Employers Need Not Yet Post New Jersey Gender Equity Notices
Posted in Employment Policies and PracticesNew Jersey employers with fifty (50) or more employees will soon have to post a “Gender Equity Posting” pursuant to the newly approved Bill A2647, which requires employers to post notices regarding employees’ rights to be free of gender inequity or bias in pay, compensation, benefits or other terms and conditions of employment under applicable… Continue Reading
New York Expands Scope of Wage Deduction Statute
Posted in Employment Policies and Practices, Wage and Hour and Executive CompensationOn September 7, 2012, Governor Andrew Cuomo signed into law amendments to New York Labor Law § 193, which expands the scope of permissible deductions an employer may make from an employee’s paycheck. The new law will go into effect on November 6, 2012. Section 193 currently permits withholdings only for taxes, United States payment… Continue Reading
Silence is Not Golden – Employers Should Rethink Policies that Silence Employees During Internal Investigations
Posted in Employment Policies and PracticesIn light of a recent U.S. Equal Employment Opportunity Commission (“EEOC”) communication, employers should review their internal investigation policies to ensure that they do not completely silence employees. In an August 3, 2012 letter from the EEOC’s field office in Buffalo, New York to an undisclosed employer, the agency warned that the employer’s policy prohibiting… Continue Reading
New Jersey Enacts Legislation to Protect Privacy Rights of Accident Victims
Posted in Employment Policies and PracticesEarlier this month, New Jersey Governor Christopher Christie signed into law a bill called “Cathy’s Law” that prohibits first responders from distributing photographs of accident victims to the public, such as posting photographs on social media. The legislation came about after an incident in which a first responder posted photographs to Facebook of a woman… Continue Reading
A Willful OSHA Violation Insufficient to Circumvent The Workers’ Compensation Act’s Bar on Lawsuit Against Employer
Posted in Employment Policies and PracticesThe New Jersey Supreme Court recently held that a willful violation of the Occupational Safety and Health Administration (“OSHA”) standards, without other evidence of an employer’s intentional conduct, is insufficient to overcome the workers’ compensation bar on lawsuits against employers. The workers’ compensation bar generally precludes an employee’s claim against his or her employer for… Continue Reading
Employers Should be Careful to Guard Their Company’s Social Media Profiles
Posted in Employment Policies and PracticesThere have been many articles written as of late concerning employees’ use of social media at the office. However, little has been written about employers protecting their company’s social media profiles against unauthorized use by competitors or even disgruntled former employees. In today’s digital age, use of social media by businesses is an invaluable marketing… Continue Reading
Health Care Reform Is Upheld – What Employers Need To Know To Maintain Their Business’s Health Under The Affordable Care Act
Posted in Employment Policies and PracticesOn June 28, 2012, the United States Supreme Court issued its long-awaited opinion concerning the constitutionality of the Patient Protection and Affordable Care Act (the “Affordable Care Act” or the “Act”) in National Federation of Independent Business, et al. v. Sebelius, No. 11-393 (U.S. Jun. 28, 2012). The Court upheld the individual mandate requiring most… Continue Reading
Employers Should Be Wary Of Information They Gather Online About Employees
Posted in Employment Policies and Practices, Harassment, Discrimination and RetaliationMaryland recently became the first state in the country to ban employers from asking both employees and job applicants for their social media passwords. The bill, which passed both houses of Maryland’s legislature, is expected to be signed by Governor Martin O’Malley, and take effect on October 1, 2012. The New Jersey Legislature is considering… Continue Reading
EEOC Provides Guidance to Employers Regarding The Use of Criminal/Background Checks
Posted in Employment Policies and PracticesThe Equal Employment Opportunity Commission (“EEOC”) has provided useful guidance to employers in issuing its April 25, 2012 “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act” (the “Guidance”). The Guidance contains the EEOC’s view on employers’ use of criminal arrest and conviction… Continue Reading
Third Circuit Holds FLSA Collective Actions and State Law Class Actions Are Not Inherently Incompatible
Posted in Employment Policies and PracticesIn the recent case of Knepper v. Rite Aid Corp., — F.3d — (3d Cir. 2012), the Third Circuit Court of Appeals joined the Second, Seventh, Ninth and D.C. Circuits in holding that Fair Labor Standards Act (“FLSA”) collective actions and state law class actions are not inherently incompatible. While at first glance the decision… Continue Reading
Supervisors can be held Individually Liable Under the Family and Medical Leave Act
Posted in Employment Policies and PracticesIn a case of first impression, the United States Court of Appeals for the Third Circuit has confirmed that supervisors of both private and public sector employers can be held individually liable under the Family and Medical Leave Act (“FMLA”) 29 U.S.C. § 2601 et seq. Haybarger v. Lawrence Cty. Adult Probation and Parole, 667… Continue Reading
Employers Should Remember The New York Wage Theft Prevention Act’s February 1st Deadline
Posted in Employment Policies and PracticesAs readers of this blog may recall, in 2011 New York implemented the New York Wage Theft Prevent Act (the “Act”), which amended the New York Labor Law to impose new recordkeeping and notice obligations on the majority of employers operating within New York State, as well as expanding the civil and criminal remedies available… Continue Reading
Employers Should Update Their Discrimination Policies in Light of the EEOC’s Increased Awards for Discrimination Victims in 2011
Posted in Employment Policies and PracticesOverall, 2011 was a record breaking year for the EEOC. During the 2011 fiscal year, the Equal Employment Opportunity Commission (“EEOC”) won a record-breaking $365 million for discrimination victims. In addition, the EEOC’s private sector mediation program obtained more than $170 million in monetary benefits for employees. It was also a productive year for the… Continue Reading
The New Jersey Department of Labor and Workforce Development Releases New Mandatory Recordkeeping Poster
Posted in Employment Policies and PracticesOn November 4, 2011, the New Jersey Department of Labor and Workforce Development (“NJDOL”) issued a new notice/poster entitled “Employer Obligation to Maintain and Report Records.” A copy of the poster can be found here. Employers are required to immediately post the notice and provide it to all new employees hired on or after November… Continue Reading
Employers May Not Be Liable For The Boorish Behavior Of Their Employees
Posted in Employment Policies and PracticesOn October 19, 2011, the Appellate Division affirmed a trial court’s decision that abrasive, abusive, and condescending conduct toward employees does not, on its own, equate to a hostile work environment claim if the workplace conditions were the same for men and women. In other words, while the law protects against harassment motivated by a… Continue Reading