Almost three years after signing into law legislation significantly amending New Jersey’s analog to the federal Worker Adjustment and Retraining Notification Act (“WARN Act”) —officially titled the Millville Dallas Airmotive Plant Job Loss Notification Act (the “NJ WARN Act”)—Governor Phil Murphy signed Assembly Bill No. 4768 on January 10, 2023, thereby permitting the far-reaching amendments […]
News
Mass Layoffs are Sometimes Used to Justify Unlawful Discrimination or Retaliation
In recent weeks, tens of thousands of employees have been fired in mass layoffs, including employees at Google, Microsoft, Amazon, and other tech companies. With speculation of a looming recession, many more workers may be laid off in the coming weeks and months. While employers claim that layoffs are necessary to cut costs, layoffs may […]
Federal Trade Commission Proposes Nationwide Ban on Non-Compete Agreements
On July 9, 2021, Present Biden issued an executive order insisting upon aggressive enforcement of antitrust laws. In the order, the White House specifically targeted non-compete agreements and urged both the Federal Trade Commission (“FTC”) and Department of Justice to ban or at least limit their use. In recent years, roughly half of states have […]
New York State Amends the Nursing Mothers in the Workplace Act to Provide Important Protections to Nursing Employees
On December 7, 2022, New York State expanded protections afforded to working mothers by amending the Nursing Mothers in the Workplace Act (“NMWA”). Specifically, the updated NMWA now requires employers to (i) provide reasonable breaks to allow an employee to express breast milk each time the employee has a reasonable need to express milk for […]
New York Passes Legislation Prohibiting Retaliation against Workers for Taking Legally Protected Time Off
As has been widely discussed of late, Congress recently passed legislation imposing tentative contract agreements on unionized rail workers after it appeared that a strike blocking the deal was imminent. While reporting on this issue has largely focused on the aversion of a strike that would have likely crippled the U.S. supply chain during a […]
U.S. House of Representatives Passes Bill to Ensure Equal Pay For All U.S. Athletes Engaged in International Competition
On December 21, 2022, the House of Representatives passed the Equal Pay for Team U.S.A. Act which will require all athletes, regardless of gender, representing the United States in international competition to be given equal pay and benefits in their sport. The Act stems from the U.S. women’s soccer team’s recent legal battle with the […]
The Speak Out Act Prohibits Employers from Silencing Employees with Pre-Dispute Non-Disclosure and Non-Disparagement Agreements
If passed into law, the Speak Out Act would prohibit the enforceability of a pre-dispute non-disclosure or non-disparagement agreement in a sexual assault or sexual harassment dispute involving conduct that allegedly violates federal, tribal, or State law. For employees, the Speak Out Act would permit them to discuss any sexual assault or sexual harassment they […]
The WARN Act
The news has been consumed with massive tech company layoffs. Large companies such as Twitter, HP, Cisco, Amazon, and Roku are only a few of the companies that have recently made drastic employee cuts. While companies prepare for a recession, it is important for employees to know their rights. Under the Federal Worker Adjustment and […]
Federal Judge to Amazon: Stop Retaliating Against Union Organizers
On November 18, 2022, Judge Diane Gujarati of the United States District Court for the Eastern District of New York Court issued an order enjoining Amazon from retaliating against union organizers in its JFK8 Warehouse, located in Staten Island. Judge Gujarati rendered her decision after Amazon terminated, suspended, and issued performance related write-ups to several […]
Jury Awards Plaintiff $366 Million for Retaliation
Retaliation is the most frequent alleged basis of discrimination. Retaliation is when an employer takes an adverse action against an employee for engaging in protected activity. Protected activities include, but are not limited to, filing a complaint, answering questions during an employer investigation, resisting sexual advances or intervening to protect others, and requesting an accommodation […]
NYC Transparency Law to Take Effect on November 1, 2022
As previously outlined here and here, in January 2022, the New York City Council enacted an amendment to the New York City Human Rights Law, requiring employers to list minimum and maximum salary ranges in job postings. The new law, which goes into effect on November 1, 2022, reflects an effort by the City to […]
Second Circuit Reaffirms New York Labor Law’s Protections against Retaliation for Political (and Other) Activities Outside of Work
The Second Circuit Court of Appeals recently revived a lawsuit alleging the bank unlawfully fired an employee for engaging in political activities outside of work, thereby reaffirming the validity of and legitimate protections provided by a rarely invoked provision of the New York Labor Law (“NYLL”). In Truitt v. Salisbury Bank and Trust Company, et […]
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