Effective November 21, New Jersey will require employers with 50 or more employees to post and provide individual notice to employees of their right to be free from gender-based discrimination in pay, compensation, benefits, or terms and conditions of employment.
The new law requires employers to post in a conspicuous place in the work area the anti-gender discrimination notice that will be issued by the Commissioner of Labor and Workforce Development. In addition to the posting requirement, the law requires employers with 50 or more employees to provide workers with a copy of the notice at specific times, including (1) not later than 30 days after the notice is issued by the Commissioner, (2) at the time of a worker's hiring, (3) each year to all employees by December 31 and (4) at any time in response to a request from an employee.
Employers may distribute the notice by e-mail, in print (including employee handbooks), or through an Internet or intranet site if the site is for the exclusive use of the employees and can be accessed by all employees and the employer provides notice of its posting. The notice must also contain an acknowledgment form indicating the employee has read and understands the terms of the notice. The acknowledgment must be either signed or electronically verified by the employee within 30 days of receiving it.
The law requires employers to post the notice in English, Spanish, and any other language in which the notice is issued by the Commissioner and that the employer believes is the first language of a significant portion of the workforce.
Although the law goes into effect on November 21, no action is required by employers until the Commissioner issues the form of notice.
This legislation adds another administrative burden for New Jersey employers, who are already required to provide notices about record-keeping requirements under wage and benefit laws, family leave insurance, and whistleblowing. Employers should be sure they understand all of the obligations of this new law, including the annual distribution and employee acknowledgment requirements, and should remain alert for the notice that will be forthcoming from the Commissioner of Labor.
On October 10, James Bowers will share his personal perspectives on the History of Slavery and Race in South Carolina at UConn School of Law.
Day Pitney Alert
Rachel Gonzalez, Mary Rogers and Patrick McCarthy wrote an article "NLRB Eases Organizing of Temporary Workers" for CBIA’s H&R Safety Newsletter on the impact of the recent decision of the National Labor Relations Board (NLRB).
Dan Schwartz and James Leva wrote an article, "Where New Conn. Ban-The-Box Law May Be Headed," for Law360. The article outlines what employers need to know about Connecticut's recently enacted "ban-the-box" law, titled "An Act Concerning Fair Chance Employment."
Day Pitney Alert
Michael Furey was quoted in an article, "NJ Panel Grills Hospitals Over Discovery In Horizon Row," in Law360. Day Pitney is representing five New Jersey hospitals in a lawsuit against Horizon Healthcare, relating to its new, multi-tiered health plan called OMNIA. Furey advocated on behalf of the five hospitals on Wednesday before a New Jersey appeals court that Horizon should turn over a consultant's report and certain agreements relating to how Horizon categorized hospitals under its controversial OMNIA Alliance program and the impact of OMNIA on the hospitals. These Tier 2 hospitals are alleging various claims, including breach of contract and citing concerns that being ranked in the lower tier of the program will cost them business. Horizon contends the sought-after materials, including a financial analysis, strategic alliance agreements and rate agreements between the insurer and OMNIA network hospitals, contain trade secret and confidential information. "If we're going to prove our hospitals should be Tier 1 alliance members, we need the documents and the information," Furey said.
Hartford, Conn., May 26, 2016 - Day Pitney LLP is pleased to announce that Employment and Labor attorney Albert Zakarian has been chosen as a Lifetime Achievement winner of The Connecticut Law Tribune’s second annual Professional Excellence Awards 2016. The Professional Excellence Awards 2016 recognize 28 lawyers, who were chosen from over 60 nominees, as either Lawyer of the Year or Lifetime Achievement recipients, according to The Connecticut Law Tribune. The Lifetime Achievement Awards honor "attorneys who have excelled over a career."
John McLafferty was quoted in an article, "Final overtime regulations less drastic than feared," in Massachusetts Lawyers Weekly. In the article, McLafferty discusses how the Department of Labor’s final revised federal overtime regulation will impact businesses. "The reality is that the rule made more people eligible for overtime; it didn’t create any obligation for employers to pay more overtime," he said. McLafferty added that the regulation’s impact on employees could have a wider effect on office culture and policies, which may affect a company’s ability to attract and retain workers. In addition, he noted that employers should take this opportunity to ensure that all of their employees are properly classified for overtime purposes.
Albert Zakarian has been chosen as a winner of The Connecticut Law Tribune's second annual Professional Excellence Awards. The awards recognize two dozen lawyers for outstanding service to the profession during their long careers. The publication received more than 70 nominations. Profiles of awardees will appear in the Law Tribune in May. An event will also be held in May to recognize the winners. More about the awards can be found here.
Howard Fetner was quoted in an article, "Judge Allows Company to Withhold Benefits From Departing Employee," in The Connecticut Law Tribune. Fetner represented Community Health Center, Inc. (CHC), a statewide company that provides health care services to low-income patients, in a case in which a former CHC employee sought to recover compensation for unused paid time off. Following a trial, the court ruled in favor of CHC, reinforcing an employer's right to condition the payment of compensation for accrued fringe benefits upon an employee's giving a specified amount of advance notice of termination.