On Friday, August 10, 2018, Gov. Murphy signed into law a bill which permits the payment of unemployment insurance benefits to striking workers under certain conditions. The bill amends New Jersey’s unemployment insurance law and provides that (1) if a labor dispute is caused by an employer’s failure or refusal to comply with an agreement, contract or collective bargaining agreement concerning hours, wages and other working conditions, and (2) if unemployment is caused by such a labor dispute through a strike or other concerted employee activity, the striking employee is entitled to unemployment benefits after a 30 day waiting period. » Read More
Earlier this year, we published a blog entry and a client alert about the New Jersey Earned Sick and Safe Days Act. This new law, signed by Gov. Murphy on May 2, 2018, takes effect on October 29. We have begun working with a number of our clients to assist them in reviewing their paid time off (“PTO”) policies to ensure compliance with the Sick Leave Act. » Read More
While our news apps and smart phone feeds tell us about prominent individuals and “big businesses” that have been besieged by sexual misconduct allegations, we know that small and mid-sized businesses may be subject to substantial liability for the actions of their principals and employees. » Read More
Consistent with what appears to be a recent legislative trend throughout the country, New Jersey Senate Bill S121 would bar the use of confidentiality provisions in the settlement of certain discrimination and sexual harassment suits. On June 7, 2018, this bill passed the Senate almost unanimously. » Read More
Earlier this month, the U.S. Court of Appeals for the Third Circuit, a federal appellate court whose jurisdiction includes Pennsylvania and New Jersey, issued a precedential decision regarding sexual harassment claims that employers must take note of.
The United States Court of Appeals for the First Circuit recently affirmed the dismissal of a plaintiff’s failure to accommodate claim even though the underlying facts were overly sympathetic to the plaintiff. Sepulveda-Vargas v. Caribbean Restaurants, LLC, No. 16-2451 (1st Cir., April 30, 2018). » Read More
Effective December 22, 2017, the Tax Cuts and Jobs Act of 2017 (“the Act”) made significant changes to certain provisions of the Internal Revenue Code of 1986. The Act contains many changes to the federal income tax treatment of executive compensation and/or employee benefits of which corporate executive, officers, and human resource personnel should be aware to ensure the proper federal income tax treatment and reporting of such items, while satisfying the financial goals to be attained by the recipient employees. » Read More
In June 2016, the Equal Employment Opportunity Commission’s Select Task Force on the Study of Harassment in the Workplace issued a report on its 18-month examination of the countless issues relating to workplace harassment. The report also included several conclusions recognizing the continuing presence of harassment in the workplace, as well as recommendations for best practices, training, and outreach focused on harassment prevention. » Read More