NJ Adopts "Ban the Box" Requirements
8/15/14
By: Joyce M. Mocek
Recently, New Jersey joined the growing number of states prohibiting employers from asking about applicants’ criminal histories in the hiring process.
“The Opportunity to Compete Act”, signed by New Jersey Governor Christie this week, goes into …
Does Your Liability Insurance Protect You Against Immigration Enforcement?
8/6/14
By: Kelly Eisenlohr-Moul
Employers — do you assume that one of your insurance policies covers immigration enforcement actions — such as an investigation by the Department of Justice (DOJ), Immigration and Customs Enforcement (ICE), or U.S. Customs and Immigration Services …
EEOC’s New Enforcement Guidance On Pregnancy Expands Interpretation of Existing Law
7/22/14
By: Amanda McCallum Cash
After a 3-2 vote, on July 14, 2014, the EEOC issued its first Enforcement Guidance on pregnancy in over 30 years. While the new guidelines cover a number of pregnancy-related topics that all employers should consider, …
Commission Wages Are Only Attributable to the Pay Period In Which They Are Paid to Satisfy California Compensation Requirements
7/17/14
By: Sandra K. McIntyre
This week, in Peabody v. Time Warner Cable, the California Supreme court concluded that an employer satisfies the minimum earnings prong of the commissioned employee exemption only in those pay periods in which it actually …
The Un-American Rule Puts California Employers at Risk
7/16/14
By: Lisa R. Gorman
Many of my initial conversations with clients begin with them – shocked and outraged at the allegations – declaring their disinterest in settling. Of course we take these denials with a grain of salt, but frequently …
EEOC and FTC Issue Joint Publications on Employee Background Checks
6/26/14
By: Frank Hupfl
The Equal Employment Opportunity Commission (“EEOC”) and US Federal Trade Commission (“FTC”) recently co-authored two publications on the use of background checks in both the workplace and during the hiring process. The first publication is titled “Background …
What’s Driving FLSA Lawsuits?
5/30/14
By: Jonathan Kandel
It is no secret that the number of FLSA lawsuits has increased exponentially over the past few years. As previously posted, one of the main factors is plaintiff’s attorneys aggressively seeking clients to file FLSA lawsuits. …
Separating the Good from the Bad in Separation Agreements
5/16/14
By: Jennifer Miller
In its 2013-2016 Strategic Enforcement Plan, the Equal Employment Opportunity Commission (“EEOC”) listed “preserving access to the legal system” as one of its priorities. Drugstore chain CVS is currently feeling the effect of this priority. On February …
Bullying: From the Playground to the Workplace
5/16/14
By: Kacie Manisco
A bully on the playground and a bully in the office exhibit similar behavior and have similar effects on their victims, yet, only legislation preventing the former has passed. Workplace bullying, like childhood bullying, can take the …
NLRB Seeks Control Over Employers’ Email Accounts
5/6/14
By: David Cole
If you have been diligent about reading our prior articles or attending our seminars (examples of them here, here, and here), then you have, hopefully, implemented or revised your e-mail, social media, and “bring …
Marijuana Laws Leave Employers Dazed and Confused
4/22/14
By: Frank Hupfl
Although marijuana remains illegal under federal law, 21 states and the District of Columbia have passed laws permitting marijuana use for medicinal purposes. Two states, Colorado and Washington, have gone a step further, and legalized the sale …
New Executive Order and Memorandum Regarding Pay Discrimination Enforcement for Federal Contractors
4/14/14
By: Joyce Mocek
Recently, to honor Equal Pay Day, President Obama amended Executive Order 11246 to further prevent workplace discrimination and empower workers to take control over negotiations regarding their pay. The Amendment is intended to prohibit discrimination or retaliation …