On March 27, 2014, the New Jersey Senate passed the Unfair Wage Recovery Act (S783), which would amend the New Jersey Law Against Discrimination to provide that an unlawful employment practice occurs each time an individual is affected by application of a discriminatory compensation decision. The act would bring New Jersey in conformity with the federal Lilly Ledbetter Fair Pay Act of 2009 by restarting the applicable statute of limitations for discriminatory compensation claims under the Law Against Discrimination with each paycheck effectively serving as a new instance of a discriminatory compensation decision. While the law articulates that it would not a) prohibit a court from applying the doctrine of “continuing violation” to any appropriate claim as that doctrine currently exists in New Jersey common law; b) weaken, obstruct, or eliminate any potential equitable application of the “discovery rule” as that doctrine is currently cognizable in New Jersey common law; or c) affect any applicable statutes of limitation, it remains to be seen how those exceptions would apply in practice.
Third Circuit Rules That FAAAA Does Not Preempt New Jersey’s ABC Test for Determining Independent Contractor Status
On January 29, 2019, the Third Circuit Court of Appeals concluded that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt New Jersey’s ABC test for determining whether a worker is an independent contractor or employee.
The House of Representatives passed a bill on February 15, 2018, that requires Americans with Disabilities Act (ADA) Title III plaintiffs to provide businesses with notice and an opportunity to cure any barriers before filing suit. The Senate must also pass a version of the bill before it can be sent to the White House for signing. Senate passage is reported as uncertain.
An office romance 25 years ago worked out well for President Barack Obama (who met his wife, Michelle, while they were both working at a Chicago law firm). President Bill Clinton’s history of workplace relationships was a different story. When workplace relationships don’t work out, it isn’t only the unhappy…..