On October 31, 2012, the NLRB did something it has not done too often in recent years: it delivered some good news to employers. In two Memoranda from the Board’s Division of Advice, the Board found “at will” disclaimers in employee handbooks to be lawful. In so doing, the Board contrasted the disclaimers with one that was struck down by an Administrative Law Judge in February. The issue presented by the disclaimers is whether or not...read more
The New Jersey State Assembly has amended the New Jersey Equal Pay Act to require employers with 50 or more employees to “conspicuously post” a notice of employees’ rights to be free from gender discrimination with respect to wages, compensation, benefits, and other terms and conditions of employment. The new posting requirement is scheduled to take effect November 21, 2012. The New Jersey Department of Labor, however, still needs to...read more
For almost 50 years, New York has had one of the most restrictive state laws on deductions from wages. Under Labor Law Section 193, wage deductions were permissible only when required by law or limited to “payments for insurance premiums, pension or health or welfare benefits, contributions to charitable organizations, payments for United States bonds, payments for dues or assessments to a labor organization, and similar payments for the benefit...read more
As readers of this blog know, the National Labor Relations Board’s Acting General Counsel has had employer social media policies in his proverbial crosshairs for the past 18 months. Over that time period, the Acting General Counsel issued three Reports outlining his views on the legality of employer social media policies, generally finding them to be unlawful when the policy used generalized language to prohibit employees from making critical...read more
On September 4, 2012, the EEOC released its Draft Strategic Enforcement Plan for 2012-2016, and identified numerous high priority agenda items for the Plan. Chasing systemic recruiting and hiring discrimination will be the agency’s first priority, and specifically identified pre-employment tests, background screens and date of birth screens in online applications as employment practices of particular interest. Its second priority is protecting...read more
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