- Posts by Lucas PeterhansAssociate
Businesses depend on attorney Lucas Peterhans to address their employee benefits and employment law needs.
With hard work and creativity, Lucas advises employers of all sizes from various industries on executive compensation and ...
As we previously reported, on May 8, 2023, the New Jersey Department of Labor and Workforce Development (“NJDOL”) published a web page providing guidance in the form of Frequently Asked Questions (the “FAQs”) to assist employers in complying with the provisions of the Temporary Workers’ Bill of Rights (the “Law”). Recently the NJDOL released proposed regulations to implement the Law (the “Proposed Regulations”) that elaborate on many of the Law’s provisions, including its pay equity requirement. Public comment on the Proposed Regulations will be accepted until October 20, 2023.
In addition to the Proposed Regulations, the NJDOL has also updated its FAQs.
Many employers commonly ignore requests from the New Jersey Division of Unemployment and Temporary Disability Insurance (“Division”) to provide the reason they terminated an employee’s employment. With the recent amendments to the state’s Unemployment Compensation Law (UCL), effective July 31, 2023 (the Amendments), employers should rethink that practice. This, among other changes to the UCL, should dramatically alter the way employers deal with New Jersey unemployment compensation claims.
Summarized below are key takeaways from the Amendments.
On May 8, 2023 the New Jersey Department of Labor and Workforce Development (“NJDOL”) announced that it has created a web page to highlight key provisions and provide guidance for compliance with the recently enacted Temporary Workers’ Bill of Rights (the “Law”). As we previously discussed, the Law creates notification requirements for temporary help service firms when placing a temporary laborer at a worksite, prohibits retaliation against a temporary laborer for exercising his or her rights under the Law, and requires equal pay and benefits for temporary laborers performing the same or substantially similar job functions as employees of the third party contracting employer at each worksite. Although the bulk of the Law’s provisions do not take effect until August 5, 2023, the notification and prohibition on retaliation provisions are effective as of May 7, 2023.
The web page provides an overview of the Law and a set of Frequently Asked Questions (“FAQs”) covering the Law’s key provisions. The FAQs discuss which provisions went into effect on May 7 and summarizes those set to take place August 5, noting that additional guidance will be published in the coming months.
Amendments to the pending New York State law requiring employers to advertise salary ranges were signed into law by Governor Kathy Hochul on March 3, 2023. The salary transparency law with the amendments (which we previously summarized here) will become effective on September 17, 2023.
On February 13, 2023, the New York State Legislature approved an amendment, S1326 (the “Amendment”), to the upcoming New York State Pay Transparency Law S9427A (the “Law”), clarifying that the Law’s requirement that employers to disclose a minimum and maximum salary range in advertisements and postings for job opportunities applies, with limited exception, to remote positions. In addition, the Amendment would also eliminate one of the Law’s recordkeeping obligations and define the term “advertisement.” If signed by the Governor, as is expected, the Amendment will be part of the Law when it takes effect this Fall.
Employment issues to consider while awaiting decision in Dobbs v Jackson Women’s Health Organization
The United States Supreme Court (“SCOTUS”) will imminently release its decision in Dobbs v Jackson Women’s Health Organization, and if the final ruling is consistent with the recently-leaked draft opinion (overturning Roe v Wade and Planned Parenthood v Casey), employers may soon need to contend with a variety of novel employment and benefits related issues. Some employers have already begun to consider and plan for a post-Roe workplace. Those who have not would be wise to do so now, to best ensure a well-coordinated and thoughtful approach.
For example, some employers have publicly announced plans to provide expanded healthcare benefits, travel, lodging and other benefits to employees who may seek abortion-related services in states where those medical services will be prohibited or limited. These benefits raise complex legal issues applicable to employers’ group health plans and fringe benefit plans, including conflicts between federal and state law, federal ERISA preemption and potential employer civil and/or criminal liability for providing these benefits.
On April 28, 2022, the New York City Council (the “Council”) approved an amendment to a recently enacted pay transparency law, 2022 Local Law 32 (the “Law”) by an overwhelming majority. The Law will require employers to disclose salary ranges in advertisements for jobs that are performed, at least in part, in New York City, and was set to become effective on May 15, 2022. After significant pushback from the business community, the Council introduced a new bill, Int. No. 134-A (the “Amendment”), to offer additional clarity and time for employers to comply. The Amendment is expected to be signed into law by Mayor Eric Adams. Of greatest immediate significance, once signed, the Amendment delays the effective date of the Law from May 15 to November 1, 2022.
The Amendment clarifies that advertisements for any job, promotion or transfer opportunity will have to include a statement of either a minimum and maximum annual salary or the minimum and maximum hourly wage. The Law will apply to advertisements seeking both exempt employees who earn a salary, and non-exempt employees, who may be paid on a salary or hourly basis.
On March 28, 2022, the New York City Commission on Human Rights released official guidance (Guidance) regarding the upcoming pay transparency law, Int. 1208-B (Law), which requires all advertisements for jobs, promotions, and transfer opportunities for positions performed in the City to include a minimum and maximum salary range. As we previously reported, the City Council passed the Law on December 15, 2021, and it currently is expected to take effect on May 15, 2022.
In addition, amendments to the Law have recently been introduced in the New York City Council (T2022-5021 (Bill)) which, if passed, will modify the Law in important ways, including delaying its effective date and further clarifying its requirements.
NYC employers will soon be required to include a minimum and maximum salary on all job postings for positions performed within the City. As we previously reported, the City Council passed Int. 1208-B (Law) on December 15, 2021, and due to new NYC mayor Eric Adam’s inaction within the 30-day veto period, it became a law as of January 15, 2022. Beginning May 15, 2022, the Law requires employers with four or more employees to include a “good faith” minimum and maximum salary range on for all advertised NYC job, promotion and transfer opportunities. Additionally, the Law makes the failure to include salary range an unlawful discriminatory practice under the City’s Human Rights Law.
On December 22, 2021, the New York Department of Labor (“DOL”) adopted rules (“Rules”) implementing the state’s sick leave law (NY Labor Law §196-b, or the “Sick Leave Law”), providing long-awaited clarification of the Sick Leave Law, which went into effect over a year ago on September 30, 2020. The Rules, codified as Section 196 to Title 12 of the NYCRR, were proposed on December 9, 2020, and adopted without change. In addition to providing definitions of terms used in the Sick Leave Law, the Rules address three topics: (i) documentation an employer may require to verify an employee’s eligibility to use sick leave; (ii) how to count the number of employees an employer has for the purposes of determining employees’ sick leave entitlement; and (iii) how to calculate an employee’s accrual of sick leave. In addition, the DOL’s response to public comments it received after the Rule was proposed, explain how carryover of accrued unused sick leave works.
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