In the November 2011 issue of the New Jersey eAuthority, we reported that on November 4 the New Jersey Department of Labor (NJDOL) issued a new six-page notice/poster relating to the maintenance and reporting of employment records that all employers must (1) distribute to all employees, and (2) post conspicuously in accessible locations. We also provided a link to the six-page notice/poster. The NJDOL has now issued an alternate one-page 11” x 17” version of the notice/poster that employers may use instead of the previously issued six-page notice/poster. The new one-page notice/poster is available here.
Like many other states, Washington recently adopted legislation seemingly preventing the arbitration of harassment and discrimination claims in direct response to the #MeToo movement.
On June 15, Illinois Governor Rod Blagojevich signed into law the Employee Blood Donation Leave Act (House Bill 324). Under the new law, a full-time employee who has been employed by an employer for at least six months can request up to one hour of paid leave to donate blood. The Act applies to “any unit of local government, board of election commissioners, or any private employer in the State [of Illinois] who has 51 or more employees.”
The Appellate Division held that a decision of the Unemployment Compensation Appeals Tribunal – that the plaintiff was not fired for cause and was eligible for benefits – was a basis to deny summary judgment to the employer on the employee’s disability discrimination claim. Although holding that the Appeal Tribunal decision was not conclusive on the issue of why the employee was terminated, the Appellate Division referred to the Appeals Tribunal as “an exemplar of a rational decision-maker akin to – but obviously not the equivalent of – a reasonable juror” and thus there was a triable question of fact regarding the employer’s motive.