On August 8, 2023, the New Jersey Department of Labor and Workforce Development (DOL) implemented the Workplace Accountability in Labor List (the WALL) — a public list, accessible through the DOL website, that includes the names of employers found to be in violation of New Jersey State wage, benefit and tax laws and have outstanding liabilities to the DOL. Such liabilities might include unpaid wages or unemployment insurance contributions to the State.
Employers may appear on the WALL following a final order or judgment issued by the DOL. The DOL will issue its final order or ... Continue Reading
In Tufts Medical Center v. Dalexis et. al., the Massachusetts Appeals Court held that a hospital employer failed to engage in the interactive process, and discriminated against and constructively discharged a disabled nurse by failing to excuse her from the obligation to work overtime when needed.
The nurse was diagnosed with rheumatoid arthritis and interstitial lung disease, causing her to experience stiffness, lack of energy, difficulty breathing, pain in her lungs and an inability to run or climb stairs. In 2007, the hospital excused her from working overtime as a temporary ... Continue Reading
In Chapoteau, et al. v. Bella Sante, Inc., et al., the Massachusetts Appeals Court held that operators of beauty and massage spas that primarily render beauty and massage services were required to pay employees Sunday premium pay where the spas also sold retail products on Sundays.
Prior to January 1, 2023, Massachusetts law generally prohibited commercial activities on Sunday, but provided numerous exemptions, including for the operation of businesses that provided beauty and massage therapy services. Another exemption allowed businesses to sell retail goods on Sundays ... Continue Reading
Documents are important for employers and supervisors to obtain and control the narrative to avoid litigation in layoffs or terminations. In many cases, documentation will stop a claim before it starts. In the newest episode of the Employment Law Counselor hosted by Jeff Stewart in collaboration with Professional Liability Underwriting Society, Laura Corvo, attorney at White and Williams, joins Jeff for a discussion on documentation and how employers can create effective documents before problems arise.
On August 16, 2023, the Court of Appeals for the Third Circuit clarified the test courts should use when determining whether workplace uniforms or safety gear are integral and indispensable to an employee's principal activities of employment, and therefore, whether time spent donning and doffing should be compensable under the federal Fair Labor Standards Act (FLSA).Tyger v. Precision Drilling Corp., No. 22-1613, __ F.4th __ (3d Cir., August 16, 2023). The court reversed the District Court for the Middle District of Pennsylvania, which had relied on the Second Circuit’s ... Continue Reading
On August 30, 2023, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking that would affect certain exemptions with respect to the Fair Labor Standards Act (FLSA) minimum wage and overtime requirements.
Under the FLSA, employees who are not specifically exempt, must receive pay for hours worked in excess of 40 hours in a workweek at a rate not less than one and one-half their regular rate of pay. The proposed rule substantially revises the salary threshold applicable to executive, administrative, and professional (EAP) employees, as well as “highly ... Continue Reading
In the newest episode of the Employment Law Counselor hosted by Jeff Stewart in collaboration with Professional Liability Underwriting Society, John Baker, Attorney, joins the chat titled “Retaliation Claims are on the Rise. Jeff and John cover various instances of retaliation complaints and provisions, while also presenting examples of protected activity of employees and adverse employment actions and consequences.
Check out more episodes of The Employment Law Counselor Podcast.Continue Reading
On July 3, 2023, the Chica Project, African Community Economic Development of New England (ACEDONE), and Greater Boston Latino Network (GBLN) (collectively the “Complainants”) filed a civil rights Complaint with the Department of Education alleging that Harvard College’s (“Harvard”) continued use of “Donor and Legacy Preferences” violates Title VI of the Civil Rights Act of 1964 (“Title VI”). The Complainants argue that the Donor and Legacy admission preferences are not necessary to achieve an important educational goal and have a “significant” ... Continue Reading
The EEOC is responsible for administering a number of employment laws, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA) and others. Those statutes require potential plaintiffs to file a charge with the EEOC (or state equivalent) before going to court and filing a lawsuit.
Each year, the EEOC releases statistics on all of the charges it receives. Given that lawsuits are generally filed a year after the EEOC charge is filed, these statistics provide an insight into areas that employers will be ... Continue Reading
On June 12, a federal jury in Camden, New Jersey returned a verdict in favor of Shannon Phillips, a white Starbucks Regional Director who claimed that she was terminated from her management level position on the basis of her race. Phillips claimed that after media coverage of the arrests of two black customers who were sitting in a Philadelphia Starbucks store, she was directed to suspend a white District Manager with no connection to the Philadelphia store, based on alleged discriminatory conduct. Phillips claimed that she informed Starbucks supervisors that the race-based ... Continue Reading
