The Age Discrimination in Employment Act (ADEA) prohibits employment discrimination against individuals 40 years or older. To prove age discrimination, an employee must establish that (1) he or she is in the protected age class; (2) he or she was subjected to an adverse employment action; (3) he or she was qualified for the job; […]
On September 30, 2022, the New Jersey Assembly took a step toward allowing employees who endured discrimination, retaliation, or harassment at the workplace to speak about their experiences on the job. Specifically, New Jersey lawmakers advanced a bill barring settlement agreements in employment related cases from including language that require the parties not to disparage […]
A non-compete agreement is an agreement or clause in a contract specifying that an employee must not work for a competitor or enter into business in competition with the employer during or after employment. Non-competes are used to protect company trade secrets and client relationships. Eleven states in the United States ban non-competes for […]
New York City will soon enact novel legislation, Local Law Int. No. 1894-A, aimed at curbing bias in hiring and promotion decisions aided by artificial intelligence (“AI”), which has increasingly been employed by businesses in recent years. The new law, which requires employers to conduct an independent audit of the automated tools they use, marks […]
The Fourth Circuit recently held that people suffering from gender dysphoria qualify for protections under the American with Disabilities Act (“ADA”). The ADA protects people who suffer from disabilities. Under the ADA, “disability” is broadly defined to include “a physical or mental impairment that substantially limits one or more major life activities of such individual.” […]
On August 2, 2022, the New Jersey Supreme Court unanimously reversed a finding that workers for a drywall installation company were independent contractors, instead ruling that the workers had been misclassified and were, in fact, employees. As previously outlined here, in 2018, the Supreme Court of California established the so-called “ABC Test,” which creates a […]
On August 10, 2022, Chipotle Mexican Grill, Inc. (“Chipotle”) and New York City reached a $20 million settlement to resolve a suit filed by the city in April 2021 alleging the restaurant committed approximately 599,693 violations of the Fair Workweek Law (“FWL”) and failed to provide its employees the requisite 56 hours of paid sick […]
Title VII prohibits employment discrimination based on race, color, religion, sex, and national origin. To establish a prima facie case of discrimination, an employee must show that: (1) he/she is a member of a protected class, (2) met the employer’s legitimate job expectations, (3) suffered an adverse employment action, and (4) another similarly situated employee […]
Under 29 C.F.R. § 778.201, lump sum premiums, which are paid without regard to the number of hours worked, and premiums delineated in the Fair Labor Standards Act (FLSA) §§ 207(e)(5)-(7), are considered non-overtime premiums and must be included in employees’ regular rate upon which overtime rate is based. During the Covid-19 pandemic, many […]
On June 22, 2022, Hawaii’s Governor, David Ige, signed a bill into law that will gradually increase the state’s minimum wage from the current rate of $10.10 to $18 per hour by January 1, 2028. The bill, HB 2510, is the nation’s first minimum wage law that will provide workers with a minimum wage of […]
On July 1, 2022, the New York State Senate passed S.51002, more commonly known as the Equal Rights Amendment to the New York State Constitution. Most notably, the Equal Rights Amendment, if passed, will enshrine citizens’ right to seek abortions and access contraception within the State Constitution itself. Unsurprisingly, the renewed effort to pass the […]
On June 29, 2022, the Temp Workers’ Bill of Rights passed the New Jersey Senate and Assembly and will be placed before Governor Phil Murphy for his anticipated approval. The bill will increase transparency in New Jersey’s largely unregulated temp agency industry and will improve working conditions for the state’s roughly 130,000 temp workers. Specifically, […]
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