Ivo Becica

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The Age Discrimination in Employment Act of 1967 (“ADEA”) forbids employment discrimination against employees who are 40 years of age or older.  Private employers with less than 20 employees are not subject to the ADEA.  On November 6, 2018, the U.S. Supreme Court unanimously[1] held that the ADEA’s 20-employee threshold does not apply to government employers, and that state and local government entities are subject to the ADEA even if they have fewer than 20…
Earlier this year, HR Legalist posted a blog entry about the New Jersey Earned Sick Leave Law.  This new law (full text available here) takes effect on October 29, 2018 and requires most private sector employers in New Jersey to provide paid sick leave to its New Jersey employees.  But don’t let this scare you.  We’ve got some ghouls—I mean, tools—to help keep employers from getting tangled in this latest web of sick leave laws. …
A spate of new state and local regulations is making it tougher to be an employer in the City That Never Sleeps.  As previously covered by HR Legalist, new requirements for sexual harassment policies went into effect across New York State on October 9, 2018, and burdensome new requirements for harassment-related training will go into effect statewide on October 9, 2019.  In addition, New York City employers must comply with the Stop Sexual Harassment
  Some employers require employees to enter into non-competition agreements at the time of hire, preventing them from competing with their employer during employment and during a certain time period after their employment ends. Non-compete agreements are often presented to employees with access to intellectual property, trade secrets, customer lists, business plans and strategies, and other valuable information that could potentially allow the employee to engage in unfair competition after leaving employment.  Along with confidentiality,…
Today the Supreme Court ruled, in a 5-4 decision, that public sector employees who are not members of a union cannot be forced to pay union fees covering the costs of collective bargaining (Janus v. AFSCME).  In doing so, the Court overruled a 1977 case that allowed these so-called “agency fees,” and held that these fees violated the free speech rights of non-union employees.   This ruling will have a significant impact on the…
Earlier this year, New Jersey Governor Phil Murphy passed  landmark equal pay legislation, which will take effect on July 1, 2018 and impact employers statewide.  The Diane B. Allen Equal Pay Act  (Act), expands employee rights under the New Jersey Law Against Discrimination (LAD), and prohibits employers from paying an employee who is a member of any protected class a lower rate of compensation or benefits than an employee who is not protected and who…
On May 3, 2018, New Jersey became the tenth state to require employers to provide their employees with paid sick leave.  The new legislation, which will go into effect on October 29, 2018, preempts existing paid sick leave laws in 13 New Jersey municipalities, and introduces a statewide minimum amount of paid sick leave in the private sector.  This latest development is part of an expansion of employee rights under new Governor Phil Murphy and…
Marijuana legalization can have a direct and lasting impact on employers; particularly, those with drug-free workplace policies.  Employers can be placed in a difficult position of trying to enforce these policies, while avoiding disability discrimination lawsuits by employees who use medical marijuana outside of the workplace. Even though marijuana is still illegal under federal law, many states have adopted laws that permit medical marijuana consumption and protect patients from discrimination in employment based on their…
On March 7, 2018, the United States Court of Appeals for the Sixth Circuit reversed the dismissal of a gender identity discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC)  against a Michigan funeral home under VII of the Civil Rights Act of 1964 (Title VII).  The EEOC brought the case, EEOC v. R.G. & G.R. Harris Funeral Homes, on behalf of Aimee Stephens, a transgender woman, and claimed…