New Jersey Gender Equity in Pay – Notice and Posting Requirements Effective January 6, 2014

Posted on December 30th, by Editor in Fair Pay Act Obligations. Comments Off on New Jersey Gender Equity in Pay – Notice and Posting Requirements Effective January 6, 2014

By: Marion B. Cooper

Governor Chris Christie signed Assembly Bill 2647 (the “Gender Equity Notice and Posting Law,” N.J.S.A. 34:11-56.12) into law, effective November 21, 2012 requiring New Jersey employers with 50 or more employees to conspicuously post a notice, where it would be accessible to all workers in each of the employer’s workplaces, informing employees of their “right to be free of gender inequity or bias in pay, compensation, benefits, or other terms or conditions of employment” under the New Jersey Law Against Discrimination, other New Jersey State law, Title VII of the Civil Rights Act of 1964 and the federal Equal Pay Act of 1963.  (http://www.njleg.state.nj.us/2012/Bills/PL12/57_.PDF)

Under the Gender Equity Notice and Posting Law, employers have 30 days from December 9, 2013, the date the New Jersey Division of Labor and Workforce Development (“NJDLWD”) issued the “notice” to comply.  The … Read More »


California Employers: What You Need to Know for 2014 – Everything Else

Posted on December 30th, by Editor in Counseling & Compliance Training. Comments Off on California Employers: What You Need to Know for 2014 – Everything Else

A new year means new legislation and regulations for employers with operations in California.  Prepared by Kate Gold, partner in the Los Angeles office, and Alexis Burgess, associate in the Los Angeles office, this four-part series will take a look at some of the new laws and regulation affecting private employers doing business in California.  Today’s final post in this series takes a look at the other changes for 2014 that California employers should be aware of and were not already covered in the first three posts (Wage and Hour Laws and Penalties, Discrimination and Retaliation and Immigrant Protections & Leaves, Accommodations, and Benefits) of this series.

Miscellaneous

Criminal conviction history.  Existing law prohibits all employers from asking job applicants to disclose, orally or in writing, any information related to an arrest or detention that did not result in a conviction.  Effective July 1, … Read More »


California Employers: What You Need to Know for 2014 – Immigrant Protections & Leaves, Accommodations, and Benefits

Posted on December 27th, by Editor in Counseling & Compliance Training. Comments Off on California Employers: What You Need to Know for 2014 – Immigrant Protections & Leaves, Accommodations, and Benefits

A new year means new legislation and regulations for employers with operations in California.  Prepared by Kate Gold, partner in the Los Angeles office, and Alexis Burgess, associate in the Los Angeles office, this four-part series will take a look at some of the new laws and regulation affecting private employers doing business in California.  Today we look at new laws and regulations in California dealing with immigrant protections & leaves, accommodations and benefits.

Immigrant Protections

Retaliation.  AB 263 prohibits an employer from using immigration law to retaliate against employees who assert protected rights under the Labor Code.  Employers who do so, e.g., by contacting or threatening to contact immigration authorities about the immigration status of a current, former, or prospective employee or their family members, will face various penalties, including suspension of certain business licenses, and may face civil action from … Read More »


California Employers: What You Need to Know for 2014 – Discrimination and Retaliation

Posted on December 26th, by Editor in Counseling & Compliance Training. Comments Off on California Employers: What You Need to Know for 2014 – Discrimination and Retaliation

A new year means new legislation and regulations for employers with operations in California.  Prepared by Kate Gold, partner in the Los Angeles office, and Alexis Burgess, associate in the Los Angeles office, this-four part series will take a look at some of the new laws and regulation affecting private employers doing business in California.  Today we look at new laws and regulations in California dealing with discrimination and retaliation.

Discrimination and Retaliation

Retaliation.  AB 263 expands employer liability for violating Labor Code 98.6, which currently protects employees from discharge or discrimination when they have asserted their rights under the Labor Code.  As amended, the law will:

Prohibit any retaliation or adverse action against employees who have asserted any right under the Labor Code or who have updated or attempted to update their “personal information” in a manner unrelated to their skill set, qualifications, or … Read More »


California Employers: What You Need to Know for 2014 – Wage and Hour Laws and Penalties

Posted on December 23rd, by Editor in Counseling & Compliance Training, Wage/Hour Class Actions. Comments Off on California Employers: What You Need to Know for 2014 – Wage and Hour Laws and Penalties

A new year means new legislation and regulations for employers with operations in California.  Prepared by Kate Gold, partner in the Los Angeles office, and Alexis Burgess, associate in the Los Angeles office, this four-part series will take a look at some of the new laws and regulation affecting private employers doing business in California.

Wage and Hour Laws and Penalties

Minimum wage increase.  AB 10 raises the state-wide minimum wage from the current $8 per hour to $9 per hour, effective July 1, 2014, and then to $10 per hour, effective January 1, 2016.  Employers should note that employees currently classified as exempt must still meet the salary basis test to qualify for the particular exemption claimed.

Minimum wage penalties.  Under Labor Code section 1194.2, employees who have not been paid minimum wages may recover liquidated damages through civil actions or administrative wage hearings before the … Read More »


Employee’s Failure to Comply with Handbook Policy Does Not Necessarily Halt ADA Claim

Posted on December 18th, by Editor in Audits/Due Diligence. Comments Off on Employee’s Failure to Comply with Handbook Policy Does Not Necessarily Halt ADA Claim

By: Jessica A. Burt

The United States District Court for the Western District of Virginia determined last month in Martin v. Yokohama Tire Corp. that an employee provided sufficient notice of both his disability and his need for an accommodation under the ADA despite his failure to follow the company’s policy for requesting an accommodation. 

Harvey Martin, Jr. was diagnosed with diabetes in 2008.  He alleged that his former employer refused to allow him time off to attend medical appointments when he was seriously ill.  Despite the fact that Martin requested medical leave on several occasions, he failed to complete the accommodation form as required by the company’s handbook.  On this basis, Yokohama argued that Martin’s failure to request an accommodation form from Human Resources, as required in the handbook was tantamount to no request at all.  Yokohama further argued that … Read More »


Court Rules In First of Five Church Plan Retirement Plan Cases Rejecting Dignity Health Retirement Plan Church Plan Status

Posted on December 16th, by Editor in Counseling & Compliance Training. Comments Off on Court Rules In First of Five Church Plan Retirement Plan Cases Rejecting Dignity Health Retirement Plan Church Plan Status

By: Mark E. Furlane and David R. Levin

Last spring five complaints were filed against hospital systems challenging the church plan status of one or more of their plans.  The Hospital systems were Dignity Health, San Francisco; Ascension Health Alliance, St. Louis; Catholic Health Initiatives, Englewood, Colo., Catholic Health East, Newtown Square, Pa.; and Saint Peter’s Healthcare System, New Brunswick, N.J.  They all operated their pension plans under church plan status.  Motions to dismiss were filed and fully briefed in four of those cases and oral argument was heard in two of them.

On December 12, 2013, the district court for the Northern District of California ruled in one of them, Rollins v. Dignity Health, agreeing with Plaintiff that the Dignity Health retirement plan was not a church plan.  The suit claimed Dignity Health is “not a church or a convention or … Read More »


Employment Law Seminar Presented by the Federal Bar Association Chicago Chapter

Posted on December 10th, by Editor in Counseling & Compliance Training. Comments Off on Employment Law Seminar Presented by the Federal Bar Association Chicago Chapter

Employment Law Seminar

The Chicago FBA invites you to attend its Employment Law Seminar on Thursday, January 23, 2014.  This program will feature eight judges from the federal and Illinois judiciary, including the Seventh Circuit Court of Appeals, the Northern District of
Illinois and the Circuit Court of Cook County, as well as representatives from the Equal Employment Opportunity Commission, University of Chicago Law School and private practitioners.

Do not miss this opportunity to hear firsthand from these experts about the ever-changing landscape of federal and state laws and regulations. Panel discussions will cover recent developments in employment discrimination law, procedural developments in individual and class litigation, settlement and mediation, and EEOC investigations and litigation, among other topics of utmost
importance to employment law attorneys, employers and employees.

To view the agenda and pricing information, click here.

Date:     
Thursday, January 23, 2014

Time: 
1 to 5 p.m.
Cocktails … Read More »




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