Recently, the city of Newark, New Jersey passed an ordinance that will impact most employers in Newark. The new ordinance, which will go into effect next month, applies to employers with five or more employees that do business, employ, or take applications for employment within the city of Newark. The ordinance contains several requirements related to the employment application process, including requirements related to criminal background checks. The Mayor of Newark will designate an office or agency of the city to enforce the ordinance with penalties ranging from $500 to $1,000. For more details on the ordinance, read the full article here.
Back in January, management-side labor and employment lawyers in Colorado thought the biggest wage and hour compliance issue for 2020 would be limited to ensuring clients were up to date on the expanded meal and rest break requirements of the Colorado Overtime and Minimum Pay Standards Order #36 (COMPS #36). What has transpired in the months since then has been truly dizzying: a barrage of legal and regulatory developments ranging from drastically overhauled COMPS exemptions to an entirely new paid sick leave requirement. Considering the pace at which these changes have progressed, it is possible that by the time this article is published, new rulemaking or guidance will have taken us in a different direction, but the following are some of the most important wage compliance issues to consider for Colorado employers as the new year looms.
West Virginia employers that may have hesitated in the past to implement and enforce robust drug and alcohol testing policies may now do so without fear of running afoul of prior state court decisions limiting employers’ flexibility to test thanks to the newly enacted West Virginia Safer Workplace Act. , Through the act, which will go into effect on July 7, 2017, the state legislature has trimmed expansive privacy rights and cleared the way for certain employer actions relating to drug and alcohol testing.
Kemper v. Westbury Operating Corp., 12-cv-0895 (E.D.N.Y. Oct. 18, 2012): The plaintiff, a former housekeeper, alleged that the defendant failed to pay overtime in violation of the Fair Labor Standards Act (FLSA) and New York Labor Law. The plaintiff sought conditional authorization to proceed as a collective action under Section 216(b) of the FLSA and