New York State Strengthens Harassment and Discrimination Laws: Part 2 of 2
This is a continuation of our prior blog that discusses the new workplace protections in New York. 1. Restricts Non-Disclosure Agreements. In 2018, New York State law was amended to limit the use of Non-Disclosure Agreements in connection with the
New York State Strengthens Harassment and Discrimination Laws: Part 1 of 2
On August 12, 2019, Governor Andrew Cuomo signed legislation that further strengthens New York’s existing workplace harassment and discrimination protections. Until now, workplace protections applied only to employees. However, in recognition that employers often characterize workers differently, the legislation expands
New Jersey’s New and Improved Wage Theft Act
On August 6, 2019, New Jersey passed one of the toughest wage theft statutes in the country. This amended statute, the New Jersey Wage Theft Act, emphasizes the importance of worker protection. The statute not only raises the level of
Obesity, Alone, Is Not A Disability
The question of whether or not obesity is considered a disability has been partially answered. On April 4, 2019, Judge Haas delivered the opinion of the New Jersey Appellate Division in the case of Dickson v. Community Bus Lines, Inc.
New Jersey Employees’ Sick Leave Rights Have Recently Expanded
Many sick employees are currently protected from adverse employment treatment under the federally-mandated Family and Medical Leave Act (“FMLA”). Under the FMLA, an employee working for a covered employer may take up to 12 workweeks of unpaid leave each year
New Jersey Governor Limits Employment Nondisclosure Agreements
This week, New Jersey enacted a law to further protect employee rights. Ordinarily, if a nondisclosure agreement’s terms are violated, the harmed party (whose contractually-protected private information was revealed) could sue the disclosing party for injunctive and monetary relief. However,
Court Finds Emailed Arbitration Agreement Unenforceable
On January 16, 2019, the Superior Court of New Jersey, Appellate Division held in Skuse v. Pfizer, Inc., that Pfizer’s use of a computer training program emailed to employees was inadequate to obtain the employees’ agreement to arbitrate disputes. Pfizer
Forced Arbitration is Unfair to Workers
Many companies require their workers to sign arbitration agreements—contracts that require workers to bring any claims related to their employment through arbitration, a private dispute resolution process outside the court system. Companies often require this of both employees and independent
Second Circuit Vacates Lower Court Decision Ruling Time Warner Territory Sales Representatives were Exempt from Overtime Pay
On October 4, 2018, the Second Circuit Court of Appeals vacated a decision by the U.S. District Court for the Northern District of New York which held that Territory Sales Representatives(TSRs) for a cable company were exempt from overtime pay
New York City Supports #MeToo Movement with Sexual Harassment Legislation
On April 11, 2018 the New York City Council passed a package of bills called the “Stop Sexual Harassment in NYC Act” (the “Act”) (Int. No. 632-A), which were signed into law by Mayor Bill DeBlasio on May 9, 2018.