As also reported in the February 2011 issue of the New Jersey eAuthority, Governor Christie conditionally vetoed a bill (A3359) that would make it illegal for employers to publish advertisements which prohibit unemployed New Jersey residents from applying for vacant positions. On February 17, 2011, the Assembly concurred in the Governor’s recommendations to that bill, which included a reduction of the penalties for offenses to $1,000 for the first offense and $5,000 for each subsequent offense, and which required a finding that a violation was “knowingly or purposefully” committed before penalties may be imposed. The bill now awaits review in the Senate.
A recent decision by the New York Court of Appeals has far-ranging implications in the area of employee drug testing. In Landon, New York’s highest court held that an individual may sue a drug-testing laboratory for damages caused by incorrect results. The Court’s creation of a new cause of action against drug-testing laboratories—negligent testing—is likely to significantly alter the landscape of employee drug testing in New York State.
Employers with operations in Pennsylvania may want to take note of significant changes in the pipeline to the state’s wage and hour rules.
On September 28, 2016, the U.S. House of Representatives passed H.R. 6094 Regulatory Relief for Small Businesses, Schools, and Nonprofits Act by a vote of 246 to 177. This bill would delay the December 1, 2016 effective date of the new salary level test in the final overtime rule for six months until June 1, 2017.