Searching Content indexed under Contract of Employment by Day Pitney LLP ordered by Published Date Descending.
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New Jersey Becomes First State To Ban Employers From Using Arbitration, Nondisclosure And Confidential Settlement Agreements For All Claims Of Discrimination, Harassment Or Retaliation
The law also prohibits employers from requiring a prospective waiver of employee rights under the New Jersey Law Against Discrimination or any other statute or case law.
United States
29 Mar 2019
New Jersey Law Requires Designation Of Forum In Arbitration Agreements
The New Jersey Appellate Division recently held that an arbitration agreement that failed to identify the forum or a process for selecting the forum was insufficient to form a contract between the parties...
United States
7 Jan 2019
Employment And Labor Quarterly Update - September 2018
As previously reported, both New York State and New York City recently enacted laws requiring employers to step up their efforts to stop sexual harassment in the workplace.
United States
28 Sep 2018
New Massachusetts Noncompetition Law Effective October 1
After many years of reform efforts, on August 10, 2018, Massachusetts Governor Charlie Baker signed into law the Massachusetts Noncompetition Agreement Act.
United States
28 Sep 2018
What Employers Should Know About The New Jersey Prevailing Wage Act
Contractors working on government-funded or "public" projects must be aware of the legal implications of not following the wage requirements of applicable federal and state law.
United States
26 Sep 2018
Downsizing? Ensure Compliance With The WARN Act And State Equivalents
Businesses may, at some point, find it necessary to significantly reduce their workforce or even close an entire facility.
United States
5 Apr 2018
Massachusetts High Court Permits Medical Marijuana User To Sue For Handicap Discrimination
On July 17, the Massachusetts Supreme Judicial Court held that an employee who was fired because she tested positive for using legally prescribed medical marijuana could sue her employer for handicap discrimination...
United States
20 Jul 2017
NLRB Again Invalidates Arbitration Agreements
The Acevedo decision arises from a lawsuit filed by several employees of Amex Card Services Company (Amex), a subsidiary of American Express.
United States
17 Nov 2015
When Are Employees Entitled To Get Paid For Accrued But Unused Paid Time Off?
With summer ending, most employees would likely have used a good portion of their paid time off by now.
United States
16 Sep 2015
NLRB Adopts New Joint-Employer Standard
The National Labor Relations Board (NLRB) has articulated a new test for determining when a company is a joint employer under the National Labor Relations Act (NLRA).
United States
7 Sep 2015
Court Validates Employee’s Electronic Acknowledgement Of Arbitration Agreement
In Ricci v. Sears Holding Corporation, the District of New Jersey held that an employee’s electronic acknowledgement of an employment arbitration agreement constituted valid acceptance of the terms of the arbitration policy.
United States
10 Apr 2015
New Jersey Supreme Court To Decide Whether Employers Can Shorten Limitations Period
The New Jersey Supreme Court recently granted certiorari in a case in which the Appellate Division ruled that language in an employment application that shortened the statute of limitations created an enforceable contract.
United States
11 Dec 2014
Supreme Court Holds SOX Whistleblower Provisions Apply To Public Company's Private Contractors And Subcontractors
The U.S. Supreme Court held that SOX's anti-retaliation provision covers employees of a public company's private contractors and subcontractors.
United States
13 Mar 2014
Restrictive Covenants Under New York Law
Because nothing lasts forever, savvy businesspeople know that effective restrictions on the post-employment competitive conduct of important employees are vital for businesses.
United States
20 Apr 2013
New York Assembly Approves Increase To Minimum Wage
On March 5, 2013, the New York Assembly passed legislation that would increase the minimum wage by $1.75 to $9.00 per hour, beginning January 1, 2014.
United States
14 Mar 2013
Supreme Court Reaffirms Arbitrator’s Autonomy Over The Interpretation Of Employment Agreements
The United States Supreme Court recently reaffirmed a long-standing rule that an arbitrator must decide the validity of the terms contained in any employment contract or agreement containing a valid arbitration clause.
United States
2 Jan 2013
Breach Of Contract Claim Does Not Give Rise To Federal Jurisdiction
The United States District Court for the District of New Jersey dismissed and remanded a lawsuit for lack of subject matter jurisdiction because plaintiff’s unspecified claim for breach of contract did not necessarily implicate Section 301 of the Labor Management Relations Act ("Section 301").
United States
29 Nov 2012
Affordable Care Act Guidance Regarding Full-Time Employee Status
The IRS recently issued Notices 2012-58 and 2012-59which collectively implement requirements under the Patient Protection and Affordable Care Act.
United States
20 Sep 2012
Wage Theft Statutes And Written Employee Notice Requirements
When it comes to hiring and retaining employees, all employers, including nonprofit organizations, must remain aware of increasingly stringent written-notice requirements under various state laws.
United States
18 May 2012
New York Court Voids Lifetime Employment Contract Under Connecticut Law
Applying Connecticut law, a November 10, 2011 decision of the Supreme Court of New York, Appellate Division, First Department found a lifetime employment contract to be void as against public policy.
United States
28 Nov 2011
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