Virginia has become the fourth state (joining California, New Jersey, and New York) to define racial discrimination to include traits historically associated with race, such as hairstyles. The new Virginia law will go into effect on July 1, 2020.
New Jersey Governor Proposes Bill to Strengthen Discrimination and Harassment Law
Following New Jersey Governor Phil Murphy’s announcement to overhaul New Jersey’s workplace culture at his State of the State address, the Governor proposed amendments to the New Jersey Law Against Discrimination (NJLAD) that would increase protections from harassment and discrimination in the workplace.
COBRA Notice Litigation: Cases Are Mushrooming and Settlements Are, Too
Imagine something as simple as a COBRA notice that complies with law, but is not identical to the Department of Labor’s (DOL) model notice, leading to six- or seven-figure class action litigation settlements?
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Hidden Costs of an OSHA Citation for Manufacturers
Manufacturing employees are involved in significant physical labor or with potentially hazardous material, and manufacturers are one of the most common targets of Occupational Safety and Health Administration (OSHA) investigations, citations, and penalties. While OSHA often offers to settle penalties quickly, manufacturers should consider carefully whether accepting is in their best interest.
Requirements of New Jersey Expanded WARN Act
On January 21, 2020, New Jersey Governor Phil Murphy signed into law an amendment to the Millville-Dallas Airmotive Plant Job Loss Notification Act to mandate 90 days’ advance notice of a defined mass layoff, transfer of operations, or termination of operations (for companies with at least 100 employees) that affects at least 50 employees, among other provisions. N.J.S.A. § 34:21-1, et seq. The Act takes effect on July 19, 2020.
The Supreme Court Defines Actual Knowledge
In a closely watched decision, Intel Corporation Investment Policy Committee v. Sulyma, Slip Op. No. 18-1116 (U.S. S. Ct., Feb. 26, 2020), construing ERISA’s three-year statute of limitations, see ERISA § 413(2), 29 U.S.C. § 1113(2), the Supreme Court held unanimously (J. Alito) that “actual knowledge” means “. . . when a plaintiff actually is aware of the relevant facts, not when he should be.”
New 2019 Data Shows U.S. Workers Participated in Strike Actions at Highest Rate in 30 Years
Employers, especially manufacturers, are facing a new (old) challenge in unionized work forces: strikes. The latest data from the Bureau of Labor Statistics (BLS) shows U.S. workers are more likely to strike today than at any other time in the last 30 years. This should prompt employers with unionized workforces to review their strike preparedness plans.
New York’s Farm Wage Board Begins Meetings on Overtime Threshold for Agricultural Laborers
New York’s Farm Laborers Fair Labor Practices Act went into effect on January 1, 2020, drastically altering the employment relationship between agricultural employees and their employers. Until now, workplace protections for farm laborers lagged far behind those in other industries.
Kentucky Considers Amendments to Injury Reporting Requirements
On February 12, 2020, Kentucky’s Labor Cabinet’s Department of Workplace Standards has proposed an amendment to its regulation on employer’s obligations to report workplace injury and illnesses.
Requests to Know under the CCPA: Practical Compliance Tips
The much anticipated California Consumer Privacy Act (“CCPA”) is now in effect (as of January 1, 2020), and as we’ve recently reported, class action litigation under the CCPA has already begun.
2019 Wage & Hour Developments: A Year in Review
Federal and state laws regulating the payment of wages continue to develop at a rapid pace. States continue to increase their minimum wage, despite the federal minimum wage remaining stagnant at $7.25 per hour since 2009.
U.S. Customs and Border Protection Designated ‘Security Agency’
U.S. Customs and Border Protection (CBP), an agency with more than 60,000 employees, now shares status with the likes of the FBI and the Secret Service.
Two More Significant Rulings for TCPA Litigation – Eleventh and Seventh Circuits Narrowly Interpret ATDS
In back-to-back decisions bound to have significant impact on Telephone Consumer Protection Act (TCPA) class action litigation, the Eleventh and Seventh Circuit Courts recently reached similar conclusions, narrowly holding that the TCPA’s definition of Automatic Telephone Dialing System (ATDS) only includes equipment that is capable of storing or producing numbers using a “random or sequential” number generator, excluding most “smartphone age” dialers.
Is “Cannabis User” the Next Protected Class in California?
Years after California legalized recreational use of cannabis, employers continue to struggle with determining their rights and liabilities regarding employees who engage in that activity.
New Jersey Labor Department Issues Companies Stop-Work Orders for Wage Violations
The New Jersey Department of Labor and Workforce Development (NJDLWD) has announced it has issued two stop-work orders related to alleged violations of state wage laws.