On October 7, a bill (A3359) was introduced in the Assembly which would prohibit employers from publishing, in print or on the Internet, any advertisement for a job vacancy which includes a provision stating or suggesting the employer will not consider unemployed applicants. Under the bill, first time violations would result in a penalty of up to $5,000, with subsequent violations resulting in penalties of up to $10,000. The bill was approved by the Assembly on October 25, and has since advanced in the Senate.
Second Circuit Decision Emphasizes Importance of Having Clear Administrative Exhaustion Language in ERISA Plans
The plaintiff filed a putative class action under the Employee Retirement Income Security Act (ERISA) seeking, among other things, a redetermination of her benefits under the company’s pension plan should she decide to retire early. Halliburton argued that the plaintiff failed to exhaust her administrative remedies because she and her co-plaintiffs did not follow the process outlined in the “benefit claims” section of the plan documents, which outlined the procedure for filing a claim for benefits.
Research suggests that more than 60 percent of U.S. workers would like to be able to access their earnings before their regularly scheduled paydays. Responding to this desire, many employers and their payroll providers now offer so-called on-demand pay arrangements that allow employees to receive their wages the same day they earn it. While on-demand pay may be a valuable recruiting and retention tool for employers, the immediate availability of wages carries with it certain tax implications for employers that may not easily be avoided without updates to the tax laws and regulations.
Employer's Failure To Heed Safety Warnings Not An Intentional Wrong For Purposes Of Workers' Compensation Exclusivity Provision
Dadura, Jr. v. Yum! Brands, Inc., et al., Docket No. A-5134-06T3 (App. Div. 2008) (per curiam) – Plaintiff, a delivery driver, was injured when a vehicle crashed into him while he was standing at the back of the tractor trailer he was unloading. The tractor trailer was double-parked in the street, because there was nowhere