Published: April 25, 2018

On  April 24, 2018, New Jersey Governor Phil Murphy signed the Diane B. Allen Equal Pay Act that was passed by the legislature several weeks ago and is aimed at lessening the wage gap in the Garden State. The Equal Pay Act is more comprehensive than similar laws passed in other states because it extends legal protections not just based on gender, but to all protected classes under New Jersey’s Law Against Discrimination (“LAD”).  The bill amends the LAD and makes it illegal for an employer to pay a person protected under the LAD less than an employee performing similar work.

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Published: April 18, 2018

The Wage and Hour Division of the U.S. Department of Labor issued three opinion letters on April 12, 2018, on the topics of compensation for health-related breaks under the Fair Labor Standards Act, compensation for travel time for hourly workers under the FLSA, and what types of lump-sum payments can be garnished under the Consumer Credit Protection Act. Opinion letters give the WHD the opportunity to provide guidance on specific questions received from the business community.

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Published: April 3, 2018

On March 29, 2018, the New Jersey Appellate Decision issued an opinion which clarifies and expands rights to unemployment benefits to certain employees who voluntarily resign from their positions in the face of imminent employment termination. Previously, if an employee voluntary quit his or her job in New Jersey, then that employee was not eligible to receive unemployment compensation benefits. However, the court’s decision in Cottman v. Board of Review, et al. held that the law is not so straightforward.

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Published: March 26, 2018

Earlier this month, the Wage and Hour Division of the Department of Labor announced a new pilot program, the Payroll Audit Independent Determination (PAID) program. The PAID program is aimed at expediting resolution of employers’ inadvertent overtime and minimum wage violations under the FLSA without litigation.

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Published: March 1, 2018

On February 26, 2018, the Second Circuit Court of Appeals reversed its own 2000 precedent and held that Title VII prohibits sexual orientation discrimination.  The decision aligns the Second Circuit with the Seventh Circuit and puts it at odds with the Eleventh Circuit, heightening a circuit split that could entice the Supreme Court to weigh in.

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Published: February 26, 2018

In a unanimous decision issued on February 21, 2108, the United States Supreme Court held that employees seeking to sue under the whistleblower anti-retaliation protection of the Dodd-Frank Act, must report alleged misconduct to the U.S. Securities and Exchange Commission ("SEC"), whether or not they also report internally within the company.   Digital Realty Trust, Inc. v. Somers, Case No.

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