Posts tagged employment policies
New Jersey Bans Salary History Inquiries

On July 25, 2019, following a similar trend in other states, New Jersey enacted a ban on employers inquiring into an applicant’s prior salary history. This ban goes into effect on January 1, 2020, and is intended to complement the Diane B. Allen Equal Pay Act, which became effective July 2, 2018.

The new law prohibits employers from requiring applicants to provide salary history or requiring that an applicant’s salary history meet any minimum threshold for consideration for a position.

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Employee Handbooks Continue to be Important in Protecting a Business -- Is Your's Updated?

In one of our original posts, which is reprinted below, we discussed the importance of an employee handbook in protecting a business. As readers of this blog are aware, employment laws are constantly changing and implementing and updating, as necessary, a business’s employee handbook helps ensure compliance the law and reduces the risk of liability. Given the recent changes to employment laws, the importance of a handbook in protecting a business cannot be overstated and the five reasons listed below remain as applicable, if not more so, as they did in the past.

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New Jersey DOL Issues Earned Sick Leave Notice of Employee Rights

Starting Monday, October 29, 2018, almost all New Jersey employers must start complying with the state's new Earned Sick Leave Law. We had previously written about the law and the proposed regulations.

 In anticipation of the law's effective date, the New Jersey Department of Labor and Workforce Development has issued a "Notice of Employee Rights." The Notice can be found here.

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New York City's Accommodation Law and Work Schedule Change Law Go Into Effect July 18th

Two of New York City's recently enacted laws governing the employment relationship become effective this week, on July 18, 2018. The first law expands employer obligations under the New York City Human Rights Law (NYCHRL), concerning employee requests for reasonable accommodations. The second law grants eligible employees in New York City the right to make a limited number of work schedule changes for personal reasons each year.

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New York City Employers Must Permit Employees to Make Temporary Work Schedule Changes

As readers of this blog know, New York City has been very active in enacting laws that govern the employment relationship. New York City's latest law will require employers to grant employees the right to make a limited number of temporary schedule changes for personal reasons. This law becomes effective July 18, 2018.

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New York City Expands Employee Protections Under the NYC Human Rights Law

New York City recently enacted two amendments to the New York City Human Rights Law (NYCHRL), which will go into effect later this year and expand employee rights under the law.

 Amendment to Definitions of Sexual Orientation and Gender

 The first amendment expands the definitions of "sexual orientation" and "gender" under the NYCHRL and will take effect May 11, 2018.

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New Jersey Employers Must Accommodate Breastfeeding Mothers

The New Jersey Law Against Discrimination (NJLAD) was recently amended to prohibit discrimination against breastfeeding employees. Not only does the amendment prohibit discrimination against such employees, but it also requires employers to provide breastfeeding employees with a reasonable accommodation to express breastmilk. 

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Are You Leaving Your Business Exposed to a Sexual Harassment Lawsuit?

Sexual harassment claims continue to dominate headlines and remain at the forefront of social awareness. As is apparent from the news, social media, and the #MeToo movement, many women have been exposed to sexual harassment at work.

Sexual (or any unlawful) harassment can be devastating to a business. It erodes employee morale and productivity, negatively impacts employee retention, and  exposes a business to significant liability and legal costs.

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NYC Releases Updated Pregnancy Accommodation Notice and Fact Sheet

The New York City Human Rights Law (NYCHRL) requires employers in New York City, with four or more employees, to provide employees with reasonable accommodations relating to pregnancy and childbirth.  The NYCHRL also requires employers to provide employees with notice of their rights to pregnancy related accommodations at the time of hire and by posting a notice of such rights in the workplace.

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'Tis the Season: Is Your Business Ready to Comply with its Year-End Employment Obligations?

As we enter the Holiday Season, business owners need to remain mindful of upcoming changes in employment laws and the year-end human resources compliance obligations that might effect their businesses.

Minimum Wage Increases

 The minimum wage in both New York and New Jersey is set to increase shortly. 

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NYC Issues Fact Sheets On Salary History Inquiry Ban

As I previously posted, beginning October 31, 2017, it will be unlawful in New York City for an employer to inquiry about a job applicant's salary history during the hiring process or rely upon an applicant's prior salary history when setting compensation.  The New York Commission on Human Rights, which enforces the law, has issued an Employer Fact Sheet and a Job Applicant Fact Sheet providing guidance on the law.

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Five Reasons Employers Should Implement Employee Confidentiality Agreements

Most businesses have and use a significant amount of confidential information. Such information can range from customer lists to proprietary manufacturing processes and formulas, which give a business a competitive advantage in its market.  

Although common law principles and statutes, such as the state Uniform Trade Secrets Act (UTSA) and the federal Defend Trade Secrets Act (DTSA), provide protection of a business's confidential information, most businesses would greatly benefit by implementing employee confidentiality agreements, yet few do so.  

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New York Case Law Update - Second Circuit Confirms "Motivating Factor" Standard for FMLA Retaliation Claims

In Woods v. START Treatment & Recovery Centers, Inc., the Second Circuit Court of Appeals held that an employee alleging unlawful retaliation under the Family and Medical Leave Act (FMLA), must prove that her exercise of FMLA rights was a "motivating factor" in an employer's adverse employment action.  The "motivating factor" standard is a lower standard of causation than the "but for" standard typically used in the context of employment claims.

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Complying with New York's Hiring Laws

I previously wrote about issues faced by employers when hiring employees.  As I discussed, in order to comply with all legal requirements surrounding hiring, employers must be familiar with federal law as well as applicable state and local laws.  As with New Jersey, New York has implemented specific requirements that an employer must understand in order to not run afoul of the law when hiring an employee.  Employers in New York City have even more requirements they must comply with.

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Ten Reasons to Provide Anti-Harassment Training to Your Employees

Providing anti-harassment training to employees is a key component of implementing an effective anti-harassment policy.  Yet many small and medium sized employers fail to provide necessary anti-harassment training to their managers and staff.   This is a mistake that could potentially expose a company to significant legal liabilities, even if the company has a written anti-harassment policy. 

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