For years, employers have been wielding Rule 68 offers of judgment to moot individual plaintiff’s FLSA claims and undercut standing for class action certification. A recent Supreme Court decision, however, has drastically curtailed this strategy, while at the same time offering employers another means to the same end.
In a recent case, the New Jersey Superior Court decided that an employer’s policy prohibiting employees from wearing henna tattoos on their hands while at work may amount to discriminatory interference with the exercise of employees’ religious beliefs.
In general, an employer is liable to a multiemployer pension plan for its portion of the plan’s underfunding, if any, when the employer withdraws from the plan in a complete or partial withdrawal. A complete withdrawal from a multiemployer pension plan occurs when an employer permanently ceased to have an obligation to contribute under the plan or permanently ceases all covered operations under the plan. A partial withdrawal occurs when there is a 70 percent contribution decline or there is a partial cessation of the employer’s contribution obligation.
The start of the year is a good time for employers to fulfill their requirements to annually distribute certain employment law notices to their employees. In particular, for certain New Jersey employers, there are two employment law notices that must be provided to all employees on an annual basis: the gender equity notice and the whistleblower notice required by the Conscientious Employee Protection Act (“CEPA”).
The Occupational Safety and Health Administration (OSHA) is charged with enforcing the Occupational Safety and Health Act of 1970, which applies to virtually all private employers. To that end, OSHA has promulgated a substantial set of regulations, or “standards,” with the goal of preventing workplace accidents and improving the quality of workers’ day-to-day work environments.
On January 14, 2014, four members of the New Jersey Senate introduced Bill No. S524, which prohibits employers from requiring credit checks on current or prospective employees. That bill passed the Senate in June of 2015, and was referred to the Assembly for review.
In Faush v. Tuesday Morning, Inc., 2015 U.S. App. LEXIS 19977 (3d Cir. 2015), the Third Circuit Court of Appeals recently found that a temporary worker provided by a staffing agency could proceed to trial on a claim of race discrimination under federal and state law against the company that contracted with the staffing agency. The plaintiff in this case, Mathew Faush, was employed Labor Ready, a staffing agency providing temporary workers to a variety of companies, including defendant Tuesday Morning, a home-goods retailer. These temporary workers performed routine tasks such as unloading merchandise, setting up displays, and stocking merchandise on shelves.
The New Jersey Department of Labor and Workforce Development (“DOL”) has determined that the State minimum wage rate will remain unchanged at $8.38 per hour in 2016.
Last week, in Acevedo v. Amex Card Servs. Co., Case No. 28-CA-123865, the National Labor Relations Board (NLRB) again found that arbitration agreements that include class action waivers are illegal and unenforceable under the National Labor Relations Act (NLRA) and the NLRB's prior decisions in D.R. Horton, Inc. and Murphy Oil USA, Inc. The United States Court of Appeals for the Fifth Circuit subsequently rejected these prior decisions. This more recent case, however, originates in the United States District Court for the District of Arizona, which falls under the Ninth Circuit Court of Appeals.
Earlier this fall, Assistant Secretary of Labor for Occupational Safety and Health David Michaels announced that the Occupational Safety and Health Administration (“OSHA”) will be implementing a new protocol under which OSHA will evaluate inspections based on their complexity and need for resources.