In the recent New Jersey Appellate Division decision C.M. v. Maiden Re Insurance Services, LLC, et al., A-2913-13T1 (App. Div., Sept. 18, 2015), the Court refused to enforce an arbitration clause contained within the employer’s employee handbook.
This case arose in the context of plaintiff’s claim under the New Jersey Law Against Discrimination, where the plaintiff claimed the defendant employer failed to reasonably accommodate her disability and ultimately terminated her employment based on that disability. … Read More
On September 17, 2015, New Jersey’s Appellate Division affirmed a lower court ruling that the Borgata Hotel Casino in Atlantic City did not discriminate against female employees by enforcing a personal appearance policy which, among other things, limited the amount of weight these employees could gain. In Schiavo v. Borgata Casino Hotel & Spa, A-5983-12T4 (App. Div. 2015), 21 women who were hired as “BorgataBabes” challenged Borgata’s personal appearance standard (PAS), claiming the PAS subjected them to gender stereotyping, sexual harassment and sex discrimination.… Read More
In a recent decision, the National Labor Relations Board significantly increased potential liability for employers. In the case of Browning-Ferris, the NLRB determined that a joint employment relationship existed if an employer could possibly exercise control over an employee at some future date.
Previously, a joint employment relationship occurred only if the entity exercised direct control over an individual. Given the recent NLRB decision, however, employers must reexamine their staffing, subcontractors and independent contractor relationships to determine if they may be exposed to potential liability.… Read More
Last month, the United States Department of Labor’s Wage and Hour Division (WHD) issued an Administrator’s Interpretation (AI) on the misclassification of independent contractors under the Fair Labor Standards Act (FLSA). In the AI, the WHD contends that “most workers are employees” under the FLSA’s “very broad definition of employment,” and that this intended scope must be considered when applying the “economic realities” factors to determine whether a worker is an independent contractor or an employee.… Read More
Earlier this year, we reported on The New Jersey Supreme Court’s decision in Aguas v. State of New Jersey, 220 N.J. 494 (2015), where the Court emphasized the importance of effective anti-harassment policies for employers seeking to defend against claims of harassment in the workplace. The Aguasdecision was recently applied by New Jersey’s Appellate Division in a case involving harassment claims made by a temporary employee.… Read More
On June 1, 2015, the Occupational Safety and Health Administration (“OSHA”) published a “Guide to Restroom Access for Transgender Workers.” A copy of the Guide can be found here. Under OSHA’s standards, employers are required to provide their employees prompt access to sanitary restroom facilities.
As gender identity is an intrinsic part of every person’s life, employees must be allowed “to work in a manner consistent with how they live the rest of their lives, based on their gender identity.” The Guide provides employers with best practices on policies that address the issue of bathroom access for transgender employees.… Read More
The U.S. Department of Labor (“DOL”) recently issued new model notices and medical certification forms for employers to use in administering Family and Medical Leave Act (“FMLA”) leave. The new forms—which expire on May 31, 2018—largely mirror the previous versions except for references to the Genetic Information Nondiscrimination Act (“GINA”).
In particular, the WH-380-E, 380-F, 385, and 385-V medical certification forms instruct health care providers not to provide information about “genetic tests,” “genetic services,” or “the manifestation of disease or disorder in the employee’s family members” pursuant to GINA regulations. … Read More
Peggy Young was a part-time UPS driver at the time she became pregnant. Her physician directed that she could not lift more than 20 pounds in the first 20 weeks of her pregnancy, and not more than 10 pounds thereafter. UPS drivers, however, are required to lift up to 70 pounds. Due to these lifting restrictions, UPS did not permit Young to work while she was pregnant. … Read More
Since its passage twenty-five years ago, the Americans With Disabilities Act (“ADA”) has had a sizable impact on businesses both large and small. Although businesses are well-versed in the employment discrimination provisions of the ADA, which are contained in Title I, they must also be aware of the ADA’s accessibility requirements set forth in Title III.
Title III of the ADA applies to commercial facilities (e.g., factories, office buildings, and warehouses), private entities that offer certain examinations or courses related to educational and occupational certification, and, most notably, public accommodations.… Read More
As many of you know, compliance with the Patient Protection and Affordable Care Act is becoming an increasing focus of the federal government. While 2015 has been characterized as a “transition year” for certain Affordable Care Act purposes, there are still many compliance issues that need to be addressed by employers this year. In addition, employers and group health insurance plan sponsors need to commence planning for the 2016 reporting requirements.… Read More