Epstein Becker & Green, P.C.

On March 18, 2019, New Jersey Governor Phil Murphy signed a bill amending the New Jersey Law Against Discrimination (LAD) to prohibit contractual provisions that result in the wavier of a right or remedy provided under the LAD or prevent the disclosure of information pertaining to claims of discrimination, retaliation or harassment.   The amendment, which is immediately effective, prohibits any provision in an employment agreement, other than a collective bargaining agreement, that: Waives any substantive…
This week, the U.S. District Court granted the EEOC’s request for a brief reprieve (until April 3) to provide information to federal contractors about what and when they will need to file the EEO-1 Part 2 pay data report.  The judge told the EEOC to spell out how pay data will be collected, when it is due and how employers should format the data.  The Department of Justice, arguing for EEOC, claimed EEOC’s systems were…
Our colleague Nancy Gunzenhauser Popper at Epstein Becker Green has a post on the Retail Labor and Employment Law Blog that will be of interest to our readers in the technology industry: “April Fools Joke? No. NYC Employers Really Have Two Sets of Training Requirements.” Following is an excerpt: Don’t forget – April 1 marks the beginning of a new set of sexual harassment training requirements in New York City. While the training requirement…
Don’t forget – April 1 marks the beginning of a new set of sexual harassment training requirements in New York City. While the training requirement began across New York State on October 9, 2018 (and must be completed by October 9, 2019), the City imposes additional requirements on certain employers. Both laws require training to be provided on an annual basis. While the State law requires training of all employees, regardless of the number…
On March 18, 2019, we wrote that both houses of the Maryland Assembly had passed bills that would increase the state-wide minimum wage to $15 by 2025 or 2028, depending on the size of the company, but that the House and the Senate still had to work out their differences. The two chambers acted quickly and on March 20, 2019 (Senate) and March 21, 2019 (House) adopted a conference report that…
The healthcare industry is still struggling to address its cybersecurity issues as 31 data breaches were reported in February 2019, exposing data from more than 2 million people.  However, the emergence of artificial intelligence (AI) may provide tools to reduce cyber risk. AI cybersecurity tools can enable organizations to improve data security by detecting and thwarting potential threats through automated systems that continuously monitor network behavior and identify network abnormalities.  For example, AI may…
Maryland appears poised to increase its minimum wage to $15 per hour over the next few years, joining California, Illinois, Massachusetts, New Jersey, New York, and various local jurisdictions, including its own Montgomery County and neighboring District of Columbia. On March 14, 2019, the Maryland Senate approved a bill (SB 280) that would increase the state-wide minimum wage for companies with at least 14 employees from $10.10 to $15 by January 1, 2025,…
A Trending News interview from Employment Law This Week: New Proposed Overtime Rule. Paul DeCamp discusses the U.S. Department of Labor (“DOL”) issued its long-awaited proposed overtime rule on March 7, 2019. This proposed rule would take the place of the Obama-era overtime rule that was blocked by a Texas federal judge in 2017. Watch the interview below and read our recent post.
On March 14, 2019, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) released two opinion letters concerning the Fair Labor Standards Act (“FLSA”). One letter addresses the interplay between New York State’s overtime exemption for residential janitors (colloquially referred to as apartment “supers”) and the FLSA, which does not exempt such employees, and the other addresses whether time spent participating in an employer’s optional volunteer program constitutes “hours worked” requiring compensation under the…