Posts tagged unlawful retaliation
New Jersey Enacts a Major Expansion of the Penalties for Wage and Hour Violations, Including Jail Time

On August 6, 2019, New Jersey Lt. Governor Shiela Oliver signed into law yet another expansion of New Jersey’s employment laws. Notably, this latest amendment increases the potential criminal penalties and civil liabilities for employers that violate the state’s wage and hour laws. Most of the amendments went into effect immediately.

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New Jersey Employers Need to Prepare for Mandatory Paid Sick Leave

Following the enactment of a sweeping Equal Pay Law, on May 2, 2018, Governor Murphy signed the Earned Sick and Safe Days Act, which mandates that employers in New Jersey provide paid sick leave to their employees. The Act takes effect on October 29, 2018 and will preempt all existing local sick leave ordinances when it takes effect.

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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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