A bill in the New Jersey State Senate would effectively prohibit jury waivers, arbitration clauses, and non-disclosure provisions related to claims under the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-1, et seq. (LAD).
Articles Discussing Labor And Employment Law In All Fifty Us States And Puerto Rico.
New Jersey Restrictive Covenant Bill Aims to Change the Landscape
Providing a private right of action and barring judicial modification are just two features of a bill that aims to severely limit the use of non-compete agreements in New Jersey.
The Montana Supreme Court Issues A Favorable Opinion For Employers Of Seasonal Employees in “For Good Cause” State
Montana is well-known in the employment world for deviating from the employment at-will doctrine. In Montana, employees are protected under the Wrongful Discharge from Employment Act (WDEA), which provides that an employee’s discharge from employment is wrongful if the discharge is not for good cause.1 One exception to the WDEA is that during an employee’s probationary period of employment, the employee’s employment may be terminated for any reason or no reason.2 While an employer can establish its own specific probationary period, if it does not, there is a six-month probationary period under the WDEA.3
Minnesota Court Of Appeals Reaffirms That A Non-Compete Must Be Part Of A Job Offer To A Prospective Employee
Last month, this Blog highlighted a Minnesota decision evaluating the consideration required for non-compete agreements entered into after the commencement of employment. As that decision held, such agreements must be supported by valuable consideration over and above continued employment.
DOH Extends Deadline for Fiscal Intermediary Authorization Application to Dec. 15
Notice of Extension. The New York State Department of Health (DOH) has extended the deadline from November 30 to close of business on December 15, 2017 for currently operating Fiscal Intermediaries under the Consumer Directed Personal Assistance Program (CDPAP) to submit their Applications for Fiscal Intermediary Authorization.
New York City Issues Final Regulations, Notices, Forms, FAQs for Fast Food, Retail Workers Scheduling Law
The New York City Department of Consumer Affairs (DCA) on November 27, 2017, announced in a press release that the Fair Workweek Law applicable to fast food and retail employers became effective on November 26. The Law is intended to reform scheduling practices for fast food and retail workers in the City. The DCA also issued the related required employee notices, overviews, Frequently-Asked-Questions, and complaint forms on the same day. The Final Rules were published on November 28.
Washington Law Bars Retaliatory Discrimination against Job Applicants, State Supreme Court Holds
Employers who refuse to hire job applicants who opposed discrimination in a prior job may be sued for retaliation under the Washington Law Against Discrimination (WLAD), the Washington Supreme Court has held in a unanimous decision. Zhu v. North Central Educ. Servs. – ESD 171, No. 94209-9 (Nov. 9, 2017). The Court ruled that WLAD creates a cause of action for job applicants who claim a prospective employer refused to hire them in retaliation for prior opposition to discrimination against a different employer.
SB 306 Expands Labor Commissioner’s Powers to Enforce Anti-Retaliation Laws
Effective January 1, 2018, Senate Bill 306 amends Labor Code § 98.7 and adds Labor Code §§ 98.74, 1102.61 and 1102.62 to provide the Division of Labor Standards Enforcement (“DLSE”) with expanded authority to enforce the retaliation provisions of the Labor Code. Specifically:
New York State Department of Labor Issues Draft Regulations Restricting Call-In Pay Practices
On November 10, 2017, the New York State Department of Labor (NYSDOL) released draft regulations that would amend the rules for scheduling employees covered by the Minimum Wage Order for Miscellaneous Industries and Occupations (Miscellaneous Wage Order). Specifically, the proposed rules would revise Sections 142-2.3 and 142-3.3 of the Miscellaneous Wage Order regarding call-in pay.
Employees Called In “Last Minute” Soon to Be Guaranteed Pay in New York
Many employers in the retail and service industries frequently need to call in employees at the last minute based upon an unexpected surge of consumers visiting the business. However, it is also common practice for employers in these industries to shorten “call-in” shifts just hours before or after an employee starts — and, in many cases, to cancel them. The New York State Department of Labor has proposed new regulations that will require employers to pay employees who are called in or whose schedules are not set in advance, referring to this guarantee as “call in pay,” “on call scheduling,” or “just in time” pay.
Farm Workers Union Challenges New North Carolina Law
This summer, the NC Legislature passed the North Carolina Farm Act of 2017 (“Farm Act”). The law amended an existing statute by countering indirect unionization tactics and protecting farmers against having to collect union dues. This week, the Farm Labor Organizing Committee (“FLOC”), a union, filed a lawsuit in federal court in North Carolina challenging the Farm Act.
Puerto Rico Treasury Department Issues Post-Hurricane Rules for Qualified Retirement Plan and IRA Distributions and Loans
On November 15, 2017, the Puerto Rico Department of the Treasury (the “PR Treasury”) issued Administrative Determination Number 17-29 (“AD 17-29”) to provide special rules and procedures applicable to distributions from qualified retirement plans and individual retirement accounts (“IRAs”) following Hurricane María.
City of Santa Monica Minimum Paid Sick Leave Accrual Limits to Increase January 1, 2018
The grace period is over. Effective January 1, 2018, the City of Santa Monica’s minimum cap on accrued sick leave for eligible employees will increase from 40 to 72 hours for businesses with 26 or more employees. The accrual-cap for businesses with 25 or fewer employees will increase from 32 to 40 hours.
Non-Compete News: Georgia Court of Appeals Confirms Lack of Geographic or Material Contact Limitation Does Not Invalidate Non-Solicitation of Employees Covenant
Executive Summary: Georgia’s recent Restrictive Covenant Act, enacted in 2011, does not directly address non-solicitation of employees a/k/a non-recruitment covenants, thereby leaving such provisions subject to the principles developed by courts through “common law” (i.e. case law). Because Georgia common law is not well developed on the requirements of employee non-solicitation covenants, employers often second guess the enforceability of such covenants. Fortunately, the Georgia Court of Appeals recently provided some clarification on these covenants in CMGRP, Inc. v. Gallant, No. A17A1168 (Ga. Ct. App. Oct. 4, 2017), where it made clear that non-solicitation of employees covenants do not require geographic or material contact limitations to be enforceable.
Puerto Rico Labor Department Updates Regulations on Payment of Annual (Christmas) Bonus
Employers in Puerto Rico must comply with updated regulations on the payment of the generally required annual bonus to eligible employees. The Puerto Rico Department of Labor (DOL) updated the regulations, effective October 18, 2017, following legislation adopted early in the year.