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By: Cole Schotz P.C

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Cole Schotz P.C.
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Latest from Employment Law

Employment Law

The Short-Term And Long-Term Consequences Of The United States Supreme Court’s Decision Not To Review Robles V. Domino’s Pizza

By Scott J. Topolski
November 18, 2019
With the United States Supreme Court’s decision not to hear the appeal in the matter of Robles v. Domino’s Pizza, the landscape with respect to website accessibility lawsuits under the Americans with Disabilities Act remains both somewhat murky and probably daunting to those who defend such claims.  This decision will, in all likelihood, have both short-term and long-term consequences. The initial victory gained by Domino’s at the trial court level in Robles, where the court…
Employment Law

New Jersey Continues to Aggressively Pursue Measures to Halt the Misclassification of Independent Contractors

By Jason R. Finkelstein
October 14, 2019
In recent months, New Jersey’s Department of Labor has ramped up its efforts to crack down on employers misclassifying workers as independent contractors rather than employees.  While employees in certain situations request being engaged as an independent contractor for a variety of personal or unique circumstances, the State of New Jersey is concerned that such workers are being unlawfully denied overtime, workers’ compensation benefits, unemployment benefits and a host of other benefits to which employees…
Employment Law

U.S. Department of Labor Issues Final Regulations Raising the Minimum Salary Threshold and Increases the Threshold for the Highly Compensated Employee Exemption

By Randi W. Kochman
October 3, 2019
On September 24, 2019, the United States Department of Labor (“DOL”) issued its long-awaited final rule that will increase the minimum salary threshold that is required to be paid to employees who otherwise meet the “white collar” exemptions. The new rule is effective January 1, 2020 and will require employees be paid $684/week (equating to $35,568/year) on a salary basis in order to qualify as an exempt employee under the Fair Labor Standards Act (“FLSA”).  Exempt…
Employment Law

Claims For Trespass: A New Trend In Website Accessibility Cases Filed In Florida?

By Scott J. Topolski
October 1, 2019
Lawsuits filed under Title III of the Americans with Disabilities Act, or ADA, do not carry with them any right to money damages on behalf of the person who files the lawsuit.   The person suing has no right to demand payment of money to her by the defendant.   This holds true both with respect to  lawsuits that  are the more traditional form of such claims, alleging physical barriers on a defendant’s property, as well as…
Employment Law

New York Enacts Sweeping Changes to Workplace Protections

By Marissa A. Mastroianni
September 9, 2019
Within the past few weeks, Governor Andrew Cuomo signed several pieces of legislation expanding the scope of anti-discrimination laws in the New York workplace and adding accommodation obligations for domestic violence victims. New York employers should review these changes to the law carefully, paying particular attention to the effective dates noted below, and update their policies/practices accordingly. Anti-Discrimination and Anti-Harassment Protections On August 12, 2019, Governor Cuomo signed into law significant expansions to workplace anti-discrimination…
Employment Law

New Jersey Increases An Employer’s Liability Under Wage Laws

By Arnold Picinich
August 26, 2019
Earlier this month New Jersey enacted the comprehensive Anti-Wage Theft Law (the “Act”), which amends certain critical provisions in New Jersey’s existing Wage Payment Law, the Wage Collection Law, and the Wage and Hour Law (the “Wage Laws”). The Act expands the scope of liability for employers by increasing the damages that are obtainable to an aggrieved employee, enlarging the causes of action that are available, and extending the statute of limitations from two years…
Employment Law

New Jersey Joins Many States in Prohibiting Pre-Employment Salary History Inquiries

By Randi W. Kochman
August 5, 2019
On July 25, 2019, New Jersey enacted a law banning salary history inquiries, joining 18 other states in doing so, including New York and many municipalities. The law, NJA1094, becomes effective on January 1, 2020. The law prohibits New Jersey employers from inquiring about an applicant’s salary history in the application process or using an applicant’s refusal to provide salary history in the hiring process. The law also prohibits an employer from setting certain minimum or…
Employment Law

Latest Developments in Robles V. Domino’s—A Crucial ADA Website Accessibility Case with Broad Implications

By Scott J. Topolski
August 1, 2019
In an update with respect to perhaps one of the most important and far-reaching appellate decisions on website accessibility cases filed by legally blind or visually impaired plaintiffs pursuant to the Americans with Disabilities Act (ADA), Domino’s Pizza, less than two months ago, filed a petition for writ of certiorari with the United States Supreme Court, asking the nation’s High Court to review and reverse the decision of the United States Court of Appeals for…
Employment Law

New York Enacts Additional Equal Pay Protections and Ban on Salary History Inquiries

By Marissa A. Mastroianni
July 22, 2019
Recently, Governor Andrew Cuomo signed two significant bills expanding the scope of anti-discrimination laws in the New York workplace. Specifically, on July 10, 2019, Governor Cuomo signed Senate Bill 6549, prohibiting employers from inquiring about applicant and employee salary history, and Senate Bill 5248B, expanding pay protections under the New York Equal Pay Act. Expansion of Equal Pay Protections The recently enacted New York Senate Bill 5248B, which goes into effect on October 8, 2019,…
Employment Law

Employers Have Until September 30, 2019 to Provide Pay Equity Information to EEOC

By Randi W. Kochman
May 14, 2019
On April 25, 2019, Judge Tanya Chutkan of the United States District Court for the District of Columbia ruled in National Women’s Law Center et al v. Office of Management and Budget et al., Civil Action No. 17-cv-2458 (D.D.C.) (“National Women’s Law Center”) that employers subject to Equal Employment Opportunity Commission (“EEOC”) EEO-1 reporting requirements (employers with more than 100 employees and federal contractors with 50 or more employees with a federal contract, subcontract or…

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