Published: May 23, 2018

On May 21, 2018, the United States Supreme Court held that employers may require that employees consent to arbitration agreements containing class or collective actions as a condition of employment. Justice Neil Gorsuch drafted the 5-4 consolidated decision. Epic Sys. Corp. v. Lewis, -- S. Ct. --, Nos. 16-285, 16-300, 16-307 (2018).

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Published: May 16, 2018

With momentum from the #MeToo movement, the Maryland General Assembly overwhelmingly passed the Disclosing Sexual Harassment in the Workplace Act of 2018, which was signed into law by the Governor on May 15, 2018.  The law, which will go into effect on October 1, 2018, will affect employers by prohibiting certain terms in employment agreements and by imposing reporting requirements for sexual harassment allegations.

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Published: May 15, 2018

In December 2017, we blogged about New Jersey Senate bill SB3518, which set forth sweeping restrictions that would limit the enforceability of non-compete agreements. Last week, the New Jersey Assembly Labor Committee approved Assembly Bill A1769, which mirrors SB3518, and if enacted, would further restrict non-compete agreements.

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Published: May 10, 2018

On May 3, 2018, New Jersey Governor Phil Murphy signed an Executive Order establishing the Task Force on Employee Misclassification (the "Task Force").  New Jersey already applies the more onerous "ABC test" for classification of a worker as an independent contractor.  Now Governor Murphy has created a Task Force to specifically focus on this issue, stating that  misclassifying employees as independent contractors "deprives New Jersey workers of important legal rights and protections as well as certain employment-related benefits," and harms law-abiding business and the state

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Published: May 7, 2018

On April 12, 2018, the DOL released a new Fact Sheet relating to overtime pay at higher education institutions.  The Fact Sheet confirms what many institutions viewed as a grey area—whether faculty teaching online or remotely are properly classified as exempt under the FLSA.  The Fact Sheet states that, so long as the faculty member’s actual job duties meet the teacher exemption, the faculty member will be exempt.

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Published: May 3, 2018

The changes in New Jersey following the election of Governor Phil Murphy continue. On May 2, 2018, Governor Murphy signed the New Jersey Paid Sick Leave Act (the "Act"), making New Jersey the tenth state to guarantee employees paid sick leave. The Act is scheduled to take effect 180 days after Governor Murphy’s signature, which is projected to be Monday, October 29, 2018. The Act creates uniformity across the state regarding sick leave by preempting any prior  ordinances that were passed prior to the law.

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Published: May 2, 2018

Last week, New Jersey Governor Phil Murphy signed the Diane B. Allen Equal Pay Act in an attempt to close the pay gap for protected individuals under the New Jersey Law Against Discrimination ("LAD"). New Jersey employers have until July 1, 2018 to comply with the new law. Generally, the new Equal Pay Act prohibits employers from paying employees who are members of a protected class under the LAD a less rate of compensation than employees who are not members of the protected class for substantially similar work.

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