A New Jersey appeals court has upheld a state law banning employers from stating in job advertisements that applicants “must be currently employed,” ruling the law does not infringe upon the constitutional right to “free speech.” New Jersey Dep’t of Labor and Workforce Dev. v. Crest Ultrasonics et al., No. A-0417-12T4 (N.J. App. Div. Jan. 7, 2014).
Articles Discussing Labor And Employment Law In All Fifty Us States And Puerto Rico.
New York City Employers Must Prepare for Paid Sick Leave, Going into Effect April 1, 2014
With New York City’s announcement that the economic indicators for implementation of the NYC earned sick time have been satisfied, private-sector NYC employers (with the exception of manufacturing industry employers exempted from the enactment’s coverage) must now fully prepare for the statute’s application effective April 1, 2014. The requirements of the new law are summarized below.
Time-Share Salesperson Not Entitled to Unemployment Insurance Benefits, Tennessee Supreme Court Rules
A licensed time-share salesperson was not entitled to unemployment benefits following the termination of her service agreement with a time-share company because she was a “licensed real estate agent” excluded from the Tennessee Employment Security Law, the Tennessee Supreme Court has ruled. Westgate Smoky Mountains at Gatlinburg v. Phillips, et al., No. E2011-02538-SC-R11-CV (Tenn. Dec. 23, 2013). Declining to impose unemployment tax liability on the time-share company, the Court reinstated the judgment in favor of the company.
California Labor Department has Wage Theft in Sights
The California Division of Labor Standards Enforcement (DLSE) is taking aim at employers for wage theft. In the latest example of the Division’s aggressive stance, it claimed Little Lopez Corporation, a janitorial services provider, owed wages to 41 current and former employees and, following an investigation, has issued citations to the company totaling $332,675.
Washington D.C. Living Wage Increased to $13.40, Retroactive to January 2013
In the first change since 2010, the wage rate required by the Washington D.C. Living Wage Act has been increased to $13.40 per hour. The increase is retroactive to January 2013.
$15.00 Minimum Wage and Mandatory Paid Sick and Safe Leave for Transportation and Hospitality Workers Take Effect in City of SeaTac
Effective January 1, 2014, as a result of an Ordinance passed by the citizens of the City of SeaTac, Washington,1 certain transportation and hospitality employers in the City must provide their nonsupervisory employees working within the City limits a minimum wage of $15.00 per hour and paid sick and safe leave, among other benefits.
New Jersey Law Now Requires Employers to Post and Notify Employees of Gender Equity Laws
New Jersey employers now have important new compliance responsibilities related to the 2012 amendments to the New Jersey Equal Pay Act. Effective January 6, 2014, employers must provide notice to employees of their right to be free from gender discrimination in the workplace, including inequity or bias in pay, compensation, benefits or other terms and conditions of employment under existing federal and state laws. The Department of Labor and Workforce Development (LWD) published the required notice and related regulations in the New Jersey Register.
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.
Retail Sales of Marijuana Legal in Colorado, but Employers May Still Test, Fire Employees for Use
Effective January 1, 2014, state-licensed retail establishments are permitted to sell marijuana to the general public under Colorado’s “Amendment 64: The Regulate Marijuana Like Alcohol Act of 2012,” which on November 6, 2012, Colorado voters approved as an amendment to the state constitution. For information, see our article, Marijuana Legalization Ballot Initiatives Passed by Colorado and Washington Voters; ‘Medical Marijuana’ Passed in Massachusetts.
New Notice Requirements for New Jersey and Jersey City Employers
Beginning January 6, 2014, all New Jersey employers with at least 50 employees, whether working inside or outside of New Jersey, will be required to conspicuously post and distribute to employees a new gender equity notice. The notice advises employees of their rights to be free from gender inequity or bias in pay, compensation, benefits, or other employment terms and conditions under the New Jersey Law Against Discrimination, Title VII of the Civil Rights Act of 1964, and the Equal Pay Act of 1963. (For a detailed discussion of this notice requirement, see our article, New Jersey’s Mandatory Gender Discrimination Notice Available.)
Utah Federal Court Holds Same-Sex Couples Allowed to Marry
A U.S. District Court in Utah has held that “Utah’s prohibition on same-sex marriage conflicts with the United States Constitution’s guarantees of equal protection and due process under the law. The State’s current laws deny its gay and lesbian citizens their fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason.” Kitchen v. Herbert, No. 2:13-cv-217 (D. Utah Dec. 20, 2013). The Kitchen decision was issued the day after the New Mexico Supreme Court issued a similar decision. For more information, please see New Mexico Supreme Court Holds Same-Sex Couples Allowed to Marry.
New Mexico Supreme Court Holds Same-Sex Couples Allowed to Marry
The State of New Mexico “is constitutionally required to allow same-gender couples to marry and must extend to them the rights, protections, and responsibilities that derive from civil marriage under New Mexico law,” the New Mexico Supreme Court has held in a landmark decision. Griego v. Oliver, No. 34,306 (N.M. Dec. 19, 2013).
New York Minimum Wage Set to Increase on December 31, 2013
This is a reminder that, effective December 31, 2013, the minimum wage in New York will increase to $8.00 per hour. On December 31, 2014, it will increase to $8.75 per hour; on December 31, 2015, it will increase to $9.00 per hour, or the federal rate if greater than the state rate.
New York City Paid Sick Time Law Receives Economic Green Light
The New York City Council passed the Earned Sick Time Act (“the Act”) on May 8, 2013. The Act requires that New York City businesses provide all employees with protected sick leave for their own or a family member’s illness, but its effective date was contingent on the performance of New York City’s economy. City Council member Gale Brewer, the sponsor of the Act, has announced that, based on economic indicators, the Act will go into effect on April 1, 2014.
Employer Properly Terminated Employee for Falsifying Prescription Records, Alaska High Court Rules
An employer did not breach the implied covenant of good faith and fair dealing under Alaska law for terminating an employee for allegedly falsifying prescription drug records, the Alaska Supreme Court has ruled. Beach v. Handforth-Kome, No. 6845 (Alaska Nov. 29, 2013). Although the employee argued that the employer’s investigation was unfair, the Court found the implied covenant of good faith and fair dealing did not require the employer to provide her with additional protections, beyond that in the employee handbook. The Court also rejected the employee’s claim for retaliatory discharge.