On October 15, 2012, a bill (A3374) was introduced in the New Jersey Assembly that would require employers with five or more employees to allow their employees access to inspect and copy their personnel records up to twice a year (including up to one year following termination), within seven days of such a request. Employees who disagree with information contained in their files would be permitted to submit an explanatory statement, which would be placed in the file. The bill further provides limitations on: what personnel file contents employees cannot view; what contents employers can and cannot provide to requesting third parties (even with a release); and what information generally cannot be maintained in a personnel file (e.g., information regarding an employee’s associations or political activities). Violations of the law could lead to civil penalties of up to $2,500, as well as actual damages plus reasonable attorneys’ fees and court costs to a prevailing employee.
On August 16, 2018, the San Antonio City Council voted 9 to 2 to adopt a paid leave ordinance which will require all employers in San Antonio to provide paid leave to their employees. The ordinance requires employers to provide paid leave to be used for specified reasons for employees’ and their family members’ health-related issues.
In a trade secrets case, the Appellate Division recently held it was appropriate to submit the defense of laches to a jury, even though the statute of limitations had not yet expired. The employee’s former employer brought claims against her current employer for unlawfully plundering confidential and proprietary information and trade secrets.
In March 2012, the California Fair Employment and Housing Commission (FEHC) proposed new and amended regulations addressing employers’ obligations and employees’ rights and responsibilities regarding pregnancy under the California Fair Employment and Housing Act (FEHA). After public comment and some revisions, the agency’s regulations became effective December 30, 2012. They can be found at Title