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Employer's Law Blog

On Day Pitney’s Employer’s Law Blog, you’ll find the latest in labor, employment, benefits and executive compensation law -- all from a business perspective. For employers, this is your one-stop resource for court opinions, legislation, and news.

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News, Events & Publications

Massachusetts High Court Applies Independent Contractor Statute to New York Workers

Anubhav Gogna Speaks at NJBIA Seminar on Employer Mandate Penalties

Partner Dan Schwartz Featured in Law360's Law Firm Leadership Series

Resources

Cannot Fit Workers’ Compensation Peg into Whistleblowing or Anti-Discrimination Hole

Posted: Jeffrey A. Gruen | Topics: CEPA; New Jersey; NJLAD; Workers’ Compensation

The District of New Jersey ruled recently that filing a workers’ compensation claim does not qualify as protected activity sufficient to trigger protection from the Conscientious Employee Protection Act (“CEPA”) or the New Jersey Law Against Discrimination (“LAD”).

Date: May 22, 2013

Third Circuit Adopts and Expands “Employee” Test for Title VII Cases

Posted: Joseph C. Nuzzo | Topics: ADA; Title VII

The U.S. Court of Appeals for the Third Circuit recently adopted a six-factor test to determine whether a shareholder-director of a company could be considered an “employee” – and, thus, eligible to institute a lawsuit – under Title VII of the Civil Rights Act of 1964. The test was previously established by the U.S. Supreme Court in the matter of Clackamas Gastroenterology Associates, P.C. v. Wells to determine whether a shareholder-director of a professional corporation would be considered an “employee” for purposes of determining whether the corporation met the numerosity requirements of the Americans with Disabilities Act (“ADA”).

Date: May 21, 2013

New Jersey Assembly Passes Gov. Christie’s Conditional Veto of Social Media Bill

Posted: David K. Reid | Topics: New Jersey; Social Media

Today, the New Jersey Assembly voted 74-0 to pass the social media privacy bill as amended by Governor Chris Christie in his conditional veto. The details of the proposed legislation and Gov. Christie’s conditional veto are discussed here.

Date: May 20, 2013

United States Court of Appeals Invalidates Union Posting Rule

Posted: Michael H. Dell | Topics: Labor/Union; NLRB

On May 7, 2013, the United States Court of Appeals for the District of Columbia Circuit struck down the National Labor Relations Board (“NLRB”) rule that would require employers to display posters about workers’ rights to engage in concerted activity. The D.C. Circuit’s decision, National Association of Manufacturers, et al. v. National Labor Relations Board, comes as welcome news to employers.

Date: May 17, 2013

New Jersey Assembly Considers Pair of Bills Addressing Gender-Based Pay Disparity

Posted: Kevin J. Skelly | Topics: Discrimination; New Jersey

On May 6, 2013, New Jersey Assemblywoman Pamela R. Lampitt reintroduced two bills that are designed to eliminate gender-based pay disparity. Lampitt tried to pass similar legislation in 2012, but Governor Chris Christie vetoed those prior bills.

Date: May 15, 2013

New York City Nears Mandatory “Sick Time” Requirements For Employers

Posted: Basil C. Sitaras | Topics: Employee Protections; New York

This week, following similar examples in San Francisco, Seattle, Portland, Washington, D.C., and the State of Connecticut, the New York City Council overwhelmingly passed the Earned Sick Time Act by 45-3 vote. This bill will now go to Mayor Michael Bloomberg, who publicly stated that he will veto it. However, given the margin by which the bill passed the Council, it is expected that the Council will override the Mayor’s veto by the required two-thirds majority and the bill will become law within the City of New York.

Date: May 10, 2013

EEOC Brings, Settles First Ever GINA Lawsuit

Posted: Howard Fetner | Topics: Discrimination; Drug Testing; EEOC; Employee Protections

Earlier this week, the U.S. Equal Employment Opportunity Commission (EEOC) filed, and immediately settled, its first ever lawsuit alleging genetic discrimination under the Genetic Information Nondiscrimination Act (GINA). GINA, a federal statute that was enacted in 2008 and became effective in 2009, prohibits employers from discriminating against employees or applicants because of their genetic information (including family medical history) and restricts employers from requesting such information.

Date: May 10, 2013

Connecticut Appellate Court Reverses Arbitration Award that had Reinstated Nursing Assistant, Finding Violation of Public Policy

Posted: Jeffrey A. Fritz | Topics: Arbitration; Connecticut; Employee Protections; Public Policy

Leoni Spence was a nursing assistant at Westport Health Care Center (“WHCC”), a residential nursing facility, from 2002 until her termination in March 2010. As a nursing assistant at WHCC, Spence was a mandated reporter; she was required to report any knowledge or suspicion of abuse or neglect to a nursing supervisor or higher authority as soon as possible.

Date: May 07, 2013

Governor Christie Conditionally Vetoes Social Media Privacy Bill

Posted: David K. Reid | Topics: New Jersey; Social Media

On May 6, 2013, Governor Chris Christie conditionally vetoed a social media privacy bill which had been passed by the New Jersey legislature, as previously mentioned here and here. While Gov. Christie explained that he supports the proposed legislation’s key protections – the privacy of job applications and employees – he disagreed with certain aspects of the bill.

Date: May 07, 2013

Recently Argued Supreme Court Case Will Determine Fate of “Mixed Motive” Retaliation Claims Under Title VII

Posted: Ashley L. Harrison | Topics: Retaliation; Title VII

The U.S. Supreme Court recently heard oral argument in University of Texas Southwestern Medical Center v. Nassar, which concerns the causation standard for retaliation claims under Title VII. The 1991 amendment to Title VII permitted plaintiffs to pursue discrimination claims on a mixed motive theory, meaning that a plaintiff need only prove that the discrimination was a motivating factor in the adverse employment action at issue, without necessarily proving that the discrimination was a “but-for” cause of the adverse employment action. At issue in Nassar is whether Title VII retaliation claims can also be brought on a mixed motive theory.

Date: April 30, 2013

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