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ten most recent state employment law articles Ten Most Recent State Law Articles

New Jersey's Response to #MeToo: New Law Voids Non-Disclosure Agreements and Questions Future of Employee Arbitration Agreements

FordHarrison LLP • March 19, 2019
Executive Summary: Effective immediately, an amendment to New Jersey’s Law Against Discrimination (“LAD”) signed into law on March 18, 2019, invalidates any provision of an employment agreement which “waives any substantive or procedural right or remedy” under the State’s broad anti-discrimination laws. The amendment also invalidates confidentiality and non-disclosure provisions in any employment contract or settlement agreement.

New York City Releases Model Policies for Lactation Room Law

Jackson Lewis P.C. • March 18, 2019
The New York City Commission on Human Rights (CCHR) has released model policies for the City’s lactation room law, effective March 18, 2019.

Another State (NJ) Goes to $15 an Hour!

Brody and Associates, LLC • March 18, 2019
New Jersey legislators have reached an agreement to gradually increase the state minimum wage to $15 an hour for most employees. The first increase will occur this July 1 and will increase the wage to $10 per hour. This will be a $1.15 per hour jump. The wage will climb to $15 by 2024, and could subsequently increase even further based on inflation adjustments. Small businesses (those with five or fewer employees) and seasonal and farm workers would either reach $15 per hour more slowly or not at all.

5 Takeaways From New York City’s Legislation on Lactation Room Accommodations

Ogletree Deakins • March 18, 2019
The New York City Council recently passed two bills addressing lactation rooms for breastfeeding mothers. The first bill, Int. No. 879-A, requires employers with four or more employees to provide lactation room accommodations for breastfeeding individuals. The second bill, Int. No. 905-A, requires covered employers to implement a written lactation room accommodation policy to be distributed to all employees.

Disability Discrimination and Reasonable Accommodation under California’s Fair Employment and Housing Act (FEHA) [1]

Jackson Lewis P.C. • March 18, 2019
If your business has five or more employees, your business is one of the millions in California that has a duty to provide reasonable accommodations for its employees with known disabilities.

Minnesota Supreme Court Reverses Course: Employees May Assert Claims Both for Workers’ Compensation Benefits and for Disability Discrimination

Littler Mendelson, P.C. • March 18, 2019
The Minnesota Supreme Court in Daniel v. City of Minneapolis overruled itself, and 30 years of precedent, by holding the Minnesota Workers’ Compensation Act’s exclusivity provision does not bar disability discrimination claims for the same injury. A summary of the facts of the case follows, along with takeaways for employers.

Massachusetts High Court Finds That Employees Who Are Exempt From Overtime Under Federal Law Are Not Necessarily Exempt Under State Law

Littler Mendelson, P.C. • March 18, 2019
On March 15, 2019, the Massachusetts Supreme Judicial Court held that the “agricultural” exemption to the Massachusetts Overtime Law, M.G.L. c. 151, § 1A, does not apply to workers who perform post-harvesting activities. This decision, in the case of Arias-Villano v. Chang & Sons Enterprises, Inc., greatly expands the number of employees who are eligible for overtime under state law. In reaching this decision, the court also demonstrated that just because an employee may be exempt from overtime under federal law does not automatically mean that the employee also is exempt under the Massachusetts Overtime Law.

State Law Developments in Consumer Privacy

Jackson Lewis P.C. • March 17, 2019
The California Consumer Privacy Act (CCPA), which goes into effect January 1, 2020, is considered the most expansive state privacy law in the United States. Organizations familiar with the European Union’s General Data Protection Regulation (GDPR), which became effective on May 25, 2018, certainly will understand CCPA’s implications. Perhaps the best known comprehensive privacy and security regime globally, GDPR solidified and expanded a prior set of guidelines/directives and granted individuals certain rights with respect to their personal data. The CCPA seems to have spurred a flood of similar legislative proposals on the state level.

New Jersey Labor Department Revises Equal Pay Act Data Reporting Requirements

Jackson Lewis P.C. • March 17, 2019
The New Jersey Department of Labor (NJDOL) has revised the state equal pay law’s reporting requirements for employers that provide qualifying services or perform public works (e.g., construction, demolition, repairs, and so on) to New Jersey and its agencies to clarify which employees must be included in the annual reporting.

New Jersey Court Offers A Reminder That The Duty Of Loyalty Is Thicker Than Ink

Jackson Lewis P.C. • March 17, 2019
Do employees in New Jersey owe a duty of loyalty to employers, even without a written employment agreement? Eliminating any possible doubt, the New Jersey Appellate Division answered, emphatically, yes.