On June 14, the Assembly introduced a bill (A2893) seeking to codify the notice and consent rules regarding employer-owned life insurance (EOLI) that were enacted on the federal level as part of the Pension Protection Act of 2006. These requirements include: notice in writing to the employee that the employer intends to insure the employee’s life and the maximum face amount of the insurance coverage at the time of the policy’s issuance; consent in writing by the employee to being insured under the policy and continuation of coverage following the employee’s termination; and notice in writing that the employer will be a beneficiary of the proceeds payable upon the employee’s death. The bill also imposes an additional notice requirement. Within 90 days of the effective date of the bill, all insurers are required to provide notice to every employee insured under any EOLI existing in New Jersey on the effective date.
President George W. Bush recently signed an Executive Order requiring all federal government contractors to use E-Verify to confirm the employment authorization of new hires and persons assigned to perform work on future federal contracts. E-Verify is the Internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration to electronically verify employment eligibility of newly hired employees.
Most employers with business operations in states outside of California are generally aware of the employment practices that can lead to collective actions under the federal Fair Labor Standards Act (FLSA).
In Tarrant County College District v. Sims, No. 05-20-00351 (March 10, 2021), the Court of Appeals for the Fifth District of Texas held that “claim[s] of discrimination based on sexual orientation may be brought under the Texas Commission on Human Rights Act (TCHRA).” The Sims decision represents the first time that Texas law has been interpreted to provide workplace protection for LGBTQ workers and it follows on the heels of the June 2020 decision from the Supreme Court of the United States in Bostock v. Clayton County, Georgia, ruling that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of sexual orientation and gender identity.