Pay History is out for New Jersey Employers, Mostly…
2/10/20
By: Justin Boron
As of 2020, New Jersey employers, in general, may no longer ask applicants past salary information. If they do, it constitutes an unlawful employment practice. See N.J. Stat. § 34:6B-20. New Jersey joins more than a dozen …
The Ban is Back – New Life Given to Philadelphia’s Salary History Ban
2/10/20
By: Courtney Mazzio
Back in 2017, Philadelphia was among the early adapters of the salary history ban that we see starting to trend nationwide. However, prior to the enactment of the Philadelphia wage equity ordinance, the Chamber of Commerce for …
9/26/19
By: Justin Boron
The judicial trend in favor of arbitration and class action waivers continues—this time in employee benefit plans.
Last month, a Ninth Circuit Court of Appeals panel validated an arbitration and class action waiver agreement contained in an …
8/26/19
By: Sean Riley
Pennsylvania recently became the first state in the country to enact clean slate legislation, which provides for the automatic sealing of non-violent misdemeanor criminal records for those who qualify after a set period of time. The law …
Sexual Harassment Settlements in New Jersey – Out Of The Dark But Into The Unknown
3/28/19
By: Justin Boron
Earlier this month, New Jersey joined the growing group of states that – spurred on by the #MeToo movement – have passed laws regulating settlements of sexual harassment and discrimination claims.
With an asserted purpose of improving …
Philadelphia Burdens New Fair Workweek Law to Impact 130,000 Workers & Employers
1/9/19
By: John McAvoy
On December 7, 2018, the Philadelphia City Council passed the Fair Workweek Employment Standards Ordinance by an overwhelming margin of 14-3. Effective January 1, 2020, the objective of the Ordinance, which was introduced in June by Councilwoman …
Arbitration Agreements in New Jersey Need More Details
11/16/18
By: Chris Curci
On November 13, 2018, the Superior Court of New Jersey, Appellate Division, issued an important decision holding that an arbitration agreement between the employer and employee was not enforceable. Flanzman v. Jenny Craig, Inc., Docket No. …
Is Your Attendance Policy Too Rigid?
9/6/18
By: Christopher Curci
Employers need to be mindful of both the Family Medical Leave Act (“FMLA”) and Americans with Disabilities Act (“ADA”) when considering how to enforce their attendance policies. When an employee requests time off from work to attend …
Discrimination Suit Over Service Dog Revived By Third Circuit
8/23/18
By: Barry Brownstein
The Third Circuit has revived a lawsuit by the parents of an epileptic girl who claim a Pennsylvania school discriminated against her by barring her service dog.
In 2014, Traci and Joseph Berardelli sued the Allied Services …
Philadelphia's “Salary History Ban Law” Gets Banned!
5/7/18
By: John McAvoy
More than a half-century after President JFK signed the Equal Pay Act, the gender pay gap is still with us. Women earn 79 cents for every dollar men earn, according to the Census Bureau. What will it …
PA Fed. Ct. Finds UberBLACK Limousine Drivers Maintain Independent Contractor Status
4/30/18
By: John P. McAvoy
On April 12, 2018, Uber Technologies, Inc. won its legal battle on the recurring issue of independent contractor misclassification when the Eastern District of Pennsylvania granted the company’s motion for summary judgment in Razak v. Uber …
New Jersey Passes New Pay Equity Bill
4/13/18
By: John P. McAvoy
On March 26, 2018, the New Jersey Legislature passed Senate Bill 104, an all-encompassing pay equity bill. Senate Bill 104, entitled the “Diana B. Allen Equal Pay Act,” expands the New Jersey Law Against Discrimination (“LAD”) …