As we recently anticipated, on August 1, 2016 Massachusetts Governor Charlie Baker signed into law sweeping legislation that significantly modifies Massachusetts’s equal pay laws. Many consider the new law to be the most comprehensive and aggressive pay equity law in the nation. The law as signed is substantially similar to that discussed in our July 29 blog post, but contains some relatively minor language revisions and technical changes to the new affirmative defense afforded to employers that conduct internal pay equity audits. Most significantly, the law’s implementation date has changed: now it will not go into effect until July 1, 2018, giving employers more time to conduct internal pay equity audits and remedy any issues uncovered during an audit.
New Jersey Appellate Division Holds Aider and Abettor Liability Can Be Imposed on a Supervisor for His or Her Own Affirmative Violations of the NJLAD
In Rowan v. Hartford Plaza Ltd., 2013 WL 1350095 (N.J. App. Div. Apr. 5, 2013) (unpub.), the New Jersey Appellate Division held—in an unpublished opinion—that individual supervisors are subject to “aiding and abetting” liability for their own affirmative violations of the New Jersey Law Against Discrimination (NJLAD).
Ratti v. Service Mgmt. Sys., Inc., 2:06cv6034 (D.N.J. August 25, 2008) – An employee was terminated for violation of the company firearms policy after a pellet gun and ammunition were found in his locked desk. The company had entered his desk while the employee was on medical leave after receiving a questionable expense reimbursement request.
In Sulyma v. Intel Corporation Investment Policy Committee, the Ninth Circuit Court of Appeals recently held that having access to documents disclosing an alleged breach of fiduciary duty is not sufficient to trigger the three-year statute of limitations under the Employee Retirement Income Security Act (ERISA) if the plaintiff does not have actual knowledge of the alleged breach.