The New Jersey Department of Labor and Workforce Development (“NJDOLâ€) has placed new burdens on employers. A newly issued notice entitled, “Employer Obligation to Maintain and Report Records,†requires employers to (1) post this notice immediately in the workplace; (2) provide each employee hired prior to November 7, 2011, a written copy of the notice no later than December 7, 2011; and (3) provide employees hired after November 7, 2011, a written copy of the notice at the time of hire. A copy of the Notice is available here.
Articles Discussing Labor And Employment Law In All Fifty Us States And Puerto Rico.
Federal District Court Holds Motor Carriers Are Not Subject to California’s Meal and Rest Break Laws
A federal district court in California recently issued a decision, in Dilts v. Penske Logistics, LLC, 2011 U.S. Dist. LEXIS 122421 (S.D. Cal. Oct. 19, 2011), holding that motor carriers that transport property are not subject to California’s meal and rest break laws because such laws are preempted by the Federal Aviation Administration Authorization Act (FAAA Act).
Despite Legal Challenge, Effective Date Approaches for Key Provisions of Alabama Immigration Legislation
Alabama gained notoriety in June when Governor Robert Bentley signed into law HB 56, the Beason-Hammon Alabama Taxpayer and Citizen Protection Act. HB 56 quickly gained a reputation as the most aggressive in a long line of state immigration legislation and attracted interest (and ire) from the federal government, immigrant rights groups, and others. A recent federal court decision has halted implementation of certain provisions of the Act, but the central requirement that employers use E-Verify remains intact and on schedule.
New Jersey Department of Labor and Workforce Development Requires New Handout/Poster
In 2009, New Jersey passed a law requiring the Department of Labor and Workforce Development (“DLWDâ€) to issue regulations providing that any employer who is required to maintain and report records regarding wages, benefits, and taxes pursuant to state law “shall conspicuously post notification†of the obligation to maintain and report those records.
Philadelphia: The Most Recent City to Adopt Paid Sick Leave Requirements for Some Employers
As of July 1, 2012, certain employers in Philadelphia will have to provide their employees with paid sick leave. A recently enacted ordinance amends Chapter 17-300 of the Philadelphia Code, titled “Philadelphia 21st Century Minimum Wage and Benefits Standard.”
Failure to Update Non-compete Agreements after Purchase of Company Foils Enforcement
The federal appeals court in Boston has underscored the importance of carefully examining and understanding restrictive covenants, such as non-competes and non-solicitation agreements, that may be acquired in a business purchase. The Court found a one-year non-compete clause in a restrictive covenant agreement expired and unenforceable against former employees when it was sought to be invoked more than one year following the sale of the company that had entered into the agreements with them. OfficeMax, Inc. v. Levesque, 2011 U.S. App. LEXIS 18816 (1st Cir. Sept. 12, 2011). Accordingly, the Court refused to enforce the District Court’s preliminary injunction restricting the former employees from competing with OfficeMax, an office supplies company that bought the assets of Boise Cascade Office Products Corp. (BCOP), another office supply company.
What Is the Duty to “Provide” a Meal Period? Oral Argument Before the California Supreme Court in Brinker Restaurant Corp. v. Superior Court
The long awaited oral argument in the seminal meal and rest break decision involving Brinker Restaurant finally occurred today. Before a packed courtroom, lawyers for a hopeful class of waiters and waitresses and the representatives of California employers battled it out before the seven justices of the California Supreme Court.
California’s 2012 Minimum Hourly, Monthly and Yearly Rates for Exempt Computer Software, Physician and Surgeon Employees
Under the California Labor Code, certain computer software employees, as well as licensed physicians and surgeons, are exempt from state overtime requirements if they receive a minimum hourly, monthly or yearly rate. The rate is determined annually based upon changes to the California Consumer Price Index for Urban Wage Earners and Clerical Workers. Because the Index experienced a 2.5% increase over the past year, the California Division of Labor Standards Enforcement (DLSE) adjusted the rates these individuals must be paid to be considered overtime-exempt.
Employee’s Secret Competition with Employer Breached Duty of Loyalty, New Jersey Court Finds
New Jersey recognizes the right of a worker to prepare to compete with his or her employer even while in the employer’s employ, provided the preparation does not involve taking the employer’s confidential and proprietary information and property. However, New Jersey also recognizes that the worker owes a duty of undivided loyalty to act solely for — and in the best interests of — his or her employer. The worker’s right, therefore, does not curtail his duty to his employer, a New Jersey Appellate Division court has confirmed. Baseline Services, Inc. v. Kutz, 2011 N.J. Super. Unpub. LEXIS 2309 (NJ App. Div. Aug. 25, 2011) (per curiam). Finding against the disloyal employee, the Court ordered him to pay his former employer the lost net profit on the contract it did not obtain because of his conduct.
Philadelphia Ordinance to Require Some Employers to Provide Paid Sick Leave
Certain Philadelphia employers will be required to provide full-time employees with paid sick leave beginning July 1, 2012. The City Council voted 15-2 in support of the measure and Mayor Michael Nutter did not veto it. The new Ordinance, an amendment to Chapter 17-1300 of the Philadelphia Code, is entitled, “Philadelphia 21st Century Minimum Wage and Benefits Standardâ€. Mayor Nutter previously vetoed a broader paid sick leave bill, which would have applied to all Philadelphia employers with more than five employees.
Oklahoma Revises Workplace Drug and Alcohol Testing Act Standards to be More Employer-Friendly
Oklahoma has substantially revised its Standards For Workplace Drug and Alcohol Testing Act, Okla. Stat. Ann. §§ 551 – 563, effective November 1, 2011. The law has been simplified and eliminates a number of requirements previously imposed on employers.
New Jersey Trade Secrets Law Headed for Governor’s Desk
A new civil action for the misappropriation of trade secrets, with remedies for the aggrieved holder of a trade secret, would be created under legislation passed by the New Jersey General Assembly and the New Jersey Senate. The New Jersey Trade Secrets Act (A-921) must be signed by Governor Chris Christie before becoming law. Once signed, the Act will take effect immediately. It will not apply retroactively.
California Appellate Court Addresses when Employers Are Liable for Injuries Caused by Their Employees
Under facts never before addressed by a California court, a California Court of Appeal recently ruled that when an on-duty employee injures an individual while engaging in arguably personal pursuits, the employer is still liable for the injuries. Vogt v. Herron Construction, No. E052434 (Fourth Dist., Div. Two Nov. 1, 2011).
Wisconsin Employment Law Watch: Legislature Considers Making “Credit History†a Protected Class
A bill has been introduced in the Wisconsin Assembly that would add “credit history†to the list of classes protected from discrimination under the Wisconsin Fair Employment Act. Assembly Bill 350 was introduced on October 31, 2011. This development follows the introduction of a bill addressing arrest and conviction record discrimination in Wisconsin. (See our article, Wisconsin Employment Law Watch: Legislature to Consider Conviction Record Discrimination Bill.)
Retailer Readiness is Key to Compliance with California’s Transparency in Supply Chains Act
On January 1, 2012, retailers must be in compliance with the California Transparency in Supply Chains Act of 2010. Compliance with the Act is relatively simple: retailers are not required to take any affirmative action to ensure that products in their distribution channel do not emanate from companies that rely on slave labor, but must post on their website what, if anything, they are doing to eliminate slave labor from their supply chains.
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