When it comes to hiring and retaining employees, all employers, including nonprofit organizations, must remain aware of increasingly stringent written-notice requirements under various state laws. For instance, the New York Wage Theft Prevention Act ("WTPA"), which took effect April 9, 2011, requires that all employers provide each employee with written notice of (i) the employee's rate of pay (including the overtime rate if the employee is eligible for overtime pay); (ii) how the employee's pay is calculated (i.e., hourly, weekly, commission, etc.); (iii) the dates/schedule on which the employee will be paid (e.g., weekly, biweekly, etc.); (iv) the official name of the employer and any "doing business as" (d/b/a) designations; and (v) the address and phone number of the employer's main office or principal location.
Date: May 17, 2012
On May 14, the U.S. District Court for the District of Columbia invalidated the National Labor Relations Board’s ("NLRB") election rule that went into effect on April 30, 2012. The election rule limited representation hearings to the issue of whether an election should take place, decreased the amount of time between when a union files a petition for an election and when the election takes place, limited the appeals process and increased discretion of the NLRB Regions during representation hearings.
Date: May 17, 2012
The Connecticut Supreme Court recently ruled that employers can be held liable for failing to protect employees from harassment based on sexual orientation.
Date: May 15, 2012
In two recent decisions, the Connecticut Supreme Court reversed substantial plaintiffs’ judgments on First Amendment retaliation claims under Conn. Gen. Stat. § 31-51q, limiting the scope of that statute. The cases are Schumann v. Dianon Sys., Inc. and Perez-Dickson v. City of Bridgeport.
Date: April 30, 2012
The New Jersey Appellate Division recently held that handwritten notes prepared by a plaintiff before she met with her attorney are not protected by the attorney-client privilege and must be produced in discovery, where the notes were not prepared at the attorney’s direction or under his supervision. The case is Marshall v. JP Morgan Chase Bank, N.A.
Date: April 26, 2012
On April 17, 2012, the National Labor Relations Board ("NLRB") announced it will postpone the effective date of its rule requiring employers to post a notice advising employees of their rights under the National Labor Relations Act ("Act") pending resolution of two court cases.
Date: April 19, 2012
Both federal legislative bodies announced legislative initiatives that will make it illegal for employers to require job applicants and employees to provide access to their social media accounts. Senator Richard Blumenthal (D-CT) and Representatives Ed Perlmutter (D-CO) and Patrick McHenry (R-NC) plan to introduce bills to the Senate and House of Representatives in the near future. These proposals come in the wake of state legislatures considering similar prohibitions. Increasing reports of employers accessing employee and applicants’ social media accounts – either by requiring the individual to login in the presence of a representative of the employer, accepting a “friend request” from a company executive, or providing login information to the employer – has provided the impetus for legislative action.
Date: April 11, 2012
In Cole v. Jersey City Medical Center, the New Jersey Appellate Division held that an employer is precluded from enforcing an arbitration provision in an employment contract because it waited until three days before trial to raise arbitration as a defense.
Date: April 11, 2012