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Total Articles: 11

Court Holds New Jersey’s Equal Pay Act Will Not Be Applied Retroactively

The Diane B. Allen Equal Pay Act (NJEPA) does not apply retroactively to conduct occurring before to its effective date, July 1, 2018, a federal district court has ruled. Perrotto v. Morgan Advanced Materials, 2:18-cv-13825-WJM-MF (D. N.J. Jan. 14, 2019). The court granted the employer’s motion to dismiss.

New Jersey Governor Signs Pay Equity Bill into Law

New Jersey’s Diane B. Allen Equal Pay Act will take effect on July 1, 2018. The new law contains sweeping changes to the New Jersey Law Against Discrimination (LAD), such as a prohibition against discrimination with respect to compensation or financial terms of employment, a six-year statute of limitations, and treble damages for violators.

New Jersey Enacts Expansive Equal Pay Law

On April 24, 2018, newly-elected Governor Phil Murphy signed into law the Diane B. Allen Equal Pay Act, which amends the New Jersey Law Against Discrimination (NJLAD) by significantly expanding existing pay equity protections for New Jersey employees, imposing difficult defense burdens on New Jersey employers, and creating a six-year statute of limitations for pay equity claims under the NJLAD. The key provisions of the Act, which takes effect on July 1, 2018, are below.

Legal Alert: New Gender Equity Poster and Notice Required for New Jersey Employers

Executive Summary: The New Jersey Department of Labor and Workforce Development has issued the final form for required gender equity posters and notices. Effective January 2014, New Jersey employers with 50 or more employees must conspicuously post a notice informing employees of their right to be free of gender inequity or bias in pay, compensation, benefits or other terms or conditions of employment.

Legal Alert: Bill to Amend New Jersey Law Against Discrimination to Include Protections For Pregnant Workers Passed By Legislature, Awaits Governor Approval

Executive Summary: Both houses of the New Jersey legislature have passed a bill that would amend the Law Against Discrimination to include protections for pregnant workers, including reasonable workplace accommodations and unpaid leave.

New Jersey Department of Labor Publishes Gender Equity Notice

New Jersey employers with 50 or more employees will be required to post and distribute a gender equity notice (“Notice”) to employees in New Jersey beginning January 6, 2014.

New Jersey Gender Equity Notice Now Available—Employer Obligations Start January 6, 2014

The New Jersey Department of Labor has just made available the gender equity notice that must be posted and distributed to New Jersey employees pursuant to P.L. 2012, c. 57, which was signed into law in September of last year. Beginning on January 6, 2014 (the date that the notice will be published in the New Jersey Register), New Jersey employers with 50 or more employees (whether or not all 50 employees work inside or outside the state of New Jersey) must take the following steps.

Bill Introduced Seeks to Eliminate Gender Pay Disparity.

On December 8, 2008, a bill (A3510) was introduced that would direct the Council on Gender Parity in Labor and Education to implement certain programs to eliminate the pay disparity between genders.

Single Anti-Gay Comment May Create Hostile Work Environment.

Continuing the trend of recent cases which have expressed little tolerance for bigoted comments in the workplace, the Appellate Division held that a single anti-gay remark by a supervisor – who allegedly called her subordinate a “stupid fag” under her breath after an argument – may be enough to create a hostile working environment under the NJLAD, and sent the case back for a trial. The Court found the facts here comparable to those in Taylor v. Metzger, 152 N.J. 490 (1998), where the Supreme Court held that a single racist remark by a supervisor, who called a subordinate “jungle bunny,” could create a hostile working environment. The Kwiatkowski decision follows the decision last month in Cutler v. Dorn, in which the Supreme Court held that anti-Semitic remarks in the workplace were serious enough to create a hostile working environment.

Senate Bill Introduced to Authorize Same-Sex Marriage in New Jersey.

A bill introduced in the Senate on June 9 (S1967) and Assembly on June 16 (A2978), the “Freedom of Religion and Equality in Civil Marriage Act,” would authorize same-sex marriage in New Jersey and simultaneously would allow clergy to refuse to solemnize same-sex marriages.

Employers Must Comply with New Jersey Civil Union Law.

The New Jersey Civil Union Law went into effect on February 19, 2007. New Jersey employers should immediately review their existing personnel and benefit policies and revise them where applicable, as discussed below.
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