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…
On March 1, 2019, New Jersey became the first state to enact legislation, Senate Bill No. 1567 (“An Act concerning pre-tax transportation fringe benefits”), requiring employers with 20 or more employees to offer pre-tax transportation benefits (“NJ Transit Law”).  The significance of this New Jersey legislation is that the state is requiring employers to offer a fringe benefit to employees that, starting in 2018, has lost its federal tax benefit for employers under the 2017…
On March 26, 2019, the New York State Court of Appeals, New York’s highest Court, issued a highly anticipated decision that has major impacts for the home health care industry in New York.  The question before the Court was whether “live-in” home care aides are entitled to be paid for every hour of a 24 hour shift, even if they receive adequate sleep and meal breaks.  Notwithstanding the Department of Labor’s position that such aides…
On March 18, 2019, Governor Phil Murphy signed Senate Bill 121 into law.  The new law prohibits the use of arbitration clauses and jury waivers that relate to claims of discrimination, retaliation, and harassment in employment contracts.  Additionally, the law prohibits employers from enforcing nondisclosure provisions that relate to any claims of discrimination, retaliation, or harassment within employment contracts and settlement agreements.  The law took effect immediately and applies to all agreements entered into, renewed,…
In another blow to those defending website accessibility cases, brought by legally blind or visually impaired plaintiffs under the Americans with Disabilities Act (ADA), the United States Court of Appeals for the Ninth Circuit recently reversed the dismissal of a lawsuit filed pursuant to Title III of the ADA in the United States District Court for the Central District of California.  In Robles v. Domino’s Pizza, Case No. 17-5504, the plaintiff, a blind man, alleged…
Last week, the U.S. Department of Labor (“DOL”) proposed an increase to the salary threshold required for executive, administrative and professional workers to qualify for overtime exemptions under the Fair Labor Standards Act (“FLSA”).  Currently, the minimum annual salary figure required to qualify for such “white collar” exemptions is $23,660; that number is now expected to increase to $35,308 per year, or $679 per week.  While the increase is substantial, it remains lower than the…
On February 19, 2019, Governor Murphy signed into law A3975, which significantly expands New Jersey’s paid family leave insurance program (“PFLL”) and temporary disability benefits law. By way of background, the PFLL has been in place since 2008 and currently provides eligible employees with benefits for up to six (6) weeks of qualifying family leave. A3975 significantly amends and expands the benefits provided under this law. The law provides for the following: As of June…
Florida has long been considered a hotbed of lawsuits filed under Title III of the Americans with Disabilities Act.   Certainly, that practice has continued with the most recent trend of ADA cases, namely lawsuits alleging that websites are not accessible to the legally blind or visually impaired. For those defending website accessibility cases under the ADA, unfortunately three fairly recent court decisions on cases filed in federal courts in south Florida will probably only increase…
On February 4, 2019, Governor Phil Murphy signed into law a bill (A-15) that will increase New Jersey’s minimum wage to $15 per hour by 2024 for the majority of New Jersey’s workers.  Pursuant to the new law, the State’s minimum wage, which is currently $8.85 per hour, will increase according to the following schedule: $10 per hour on July 1, 2019 $11 per hour on January 1, 2020 $12 per hour on January 1,…
New York City passed two new laws to expand employer obligations with regard to nursing mothers.  Effective March 18, 2019, New York City employers with four (4) or more employees will be required to comply with the requirements set forth by these new laws.  Pursuant to these laws, an employer must provide a lactation room for nursing mothers upon request (if it would not impose an undue burden upon the employer) and issue a written…