More Money, More Problems? New Jersey Significantly Expanding Family Leave Benefits

Thomas J. Szymanski

The bill (NJ A3975), revamping the New Jersey Family Leave Act (“NJFLA”) and Family Leave Insurance (“FLI”), was passed in both houses of the New Jersey Legislature on January 31, 2019. Governor Murphy is expected to sign the bill today, with some changes effective immediately.

As a reminder, NJFLA provides job-protected leave for workers at large employers to care for family members. On the other hand, FLI provides wage-replacement benefits to workers during a leave used to care for a family member. FLI applies regardless of the size of the employer and is funded by employee payroll deductions.

Summary of the most significant changes: Continue reading “More Money, More Problems? New Jersey Significantly Expanding Family Leave Benefits”

We Are Hiring: PA Superior Court Upends the Law on “No Hire” Agreements

Scott F. Cooper

Countless companies contract with other companies to provide services and include a “no hire” provision (pursuant to which the parties to the contract agree to not hire employees of the contracting company) in the service contract. The goal of these provisions is to prevent the contractual business partner from raiding the other’s talent—at least not without paying a fee.

In what the Court acknowledged was the first test of this issue in Pennsylvania, earlier this month the Superior Court invalidated a “no hire” agreement between companies—even though they were not competitors. The Court reasoned that companies may enter into agreements barring solicitation of customers, but they cannot agree to “no hire” provisions. Non-compete agreements between employer and employee are still valid, but not via company-to-company “no hire” clauses. Continue reading “We Are Hiring: PA Superior Court Upends the Law on “No Hire” Agreements”

#TakeTheLead: California Employment Laws Boldly Go Where No Legislation Has Gone Before

Emily K. Borman

Unless you’ve been living under the Starship Enterprise, you’ve seen the laundry list of new laws recently passed by the California legislature, which went into effect this year. If you do business in the Golden State, you need a clear and concise understanding of what these new laws mean to your business. To assist, we’re rolling out a series of blog posts to spotlight some of the most far-reaching and significant California legislation to date.

Today, our focus is on #MeToo-inspired legislation, as we examine California’s newest sexual harassment laws and how they affect your business.

Now that we’ve got your attention…Warp Speed Ahead! Continue reading “#TakeTheLead: California Employment Laws Boldly Go Where No Legislation Has Gone Before”

ALERT: New Jersey Raising Minimum Wage to $15

Thomas J. Szymanski

As we reported last week, New Jersey employers need to get ready for minimum wage increasing to $15 per hour. The bill, which passed on party lines last Thursday, was signed into law today by Governor Murphy. It provides the following timetable to raise the minimum wage:

  • $15 per hour by 2024, for most minimum wage earners;
  • $15 per hour by 2026, for minimum wage earners at seasonal businesses and small businesses;
  • $12.50 per hour by 2024, for agricultural minimum wage earners; and
  • $5.13 per hour by 2022, for tipped earners.

Continue reading “ALERT: New Jersey Raising Minimum Wage to $15”

Get Ready New Jersey Employers, $15 Minimum Wage Is Coming!

Thomas J. Szymanski

As we cautioned on November 15, 2018, Governor Phil Murphy’s top legislative priority to increase the minimum wage to $15 per hour is inching closer to a reality. On Monday, January 28, 2019, the New Jersey Assembly and Senate committees approved a bill raising the minimum wage as follows:

  • $15 per hour by 2024, for most minimum wage earners;
  • $15 per hour by 2026, for minimum wage earners at seasonal businesses and small businesses;
  • $12.50 per hour by 2024, for agricultural minimum wage earners; and
  • $5.13 per hour by 2022, for tipped earners.

The bill is scheduled for full votes in both chambers on Thursday, January 31, 2019. If passed, Governor Murphy is expected to sign the wage increases into law on the same day.

Below is a brief summary of the proposed schedules of minimum wage increases for each of the groups affected. Continue reading “Get Ready New Jersey Employers, $15 Minimum Wage Is Coming!”

Philadelphia City Council Passes “Fair Workweek” Bill and Votes to Increase Minimum Wage for City Workers and Contractors

Andrew A. Napier

On December 6, the Philadelphia City Council passed two pieces of legislation that already are being touted as altering the landscape for workers in the city, especially those in the service industry.

“Fair Workweek” Bill

The “Fair Workweek” Bill, introduced by Councilwoman Helen Gym in June, applies to large chain businesses with more than 250 employees in the retail, food, or hospitality sectors, and at least 30 locations across the country or state (“Covered Employers”). If signed it would go into effect on January 1, 2020, and will require Covered Employers to give employees (including full-time, part-time, and seasonal and temporary workers) who work within the geographical boundaries of the City, 10 days’ advance notice of their work schedule. The amount of advance notice will increase to 14 days beginning January 1, 2021. An employee may decline, without penalty, any shift that occurs less than nine hours after the end of a shift, and if the employee agrees to work the shift, the employer must pay the employee an extra $40 per shift. Continue reading “Philadelphia City Council Passes “Fair Workweek” Bill and Votes to Increase Minimum Wage for City Workers and Contractors”

Requesting a Background Check to Make an Employment Decision? Read This First.

Thomas J. Szymanski

The Fair Credit Reporting Act (“FCRA”) provides federally-imposed limitations on all employers who seek information from a Consumer Reporting Agency about an applicant or employee for use in making an employment decision, such as a hiring or promotion. The FCRA contains specific notice, authorization, and reporting requirements related to obtaining a Consumer Report, including credit reports and criminal background checks, and potentially taking an adverse employment action based on that information.

Requirements before you request a Consumer Report: Continue reading “Requesting a Background Check to Make an Employment Decision? Read This First.”