On May 14, 2012, a bill (S1933) was introduced in the Senate that would track the federal “Lilly Ledbetter Fair Pay Act of 2009,” as well as the New Jersey Supreme Court’s holding in Alexander v. Seton Hall University, 204 N.J. 219 (2010). The legislation provides that each discriminatory compensation decision or other employment practice that violates the NJLAD occurs anew with each subsequent paycheck the employee receives that reflects the employer’s initial underlying discriminatory pay practice. The bill, therefore, would codify that each discriminatory paycheck “restarts” the applicable two-year statute of limitations governing discriminatory compensation claims under the NJLAD. The bill further provides that it is within the court’s discretion to treat such discriminatory compensation decisions as a “continuing violation,” potentially allowing employees to recover back pay for periods exceeding the NJLAD’s two-year statute of limitations. This provision of the bill, therefore, would in effect overturn a portion of the New Jersey Supreme Court’s ruling in Alexander, which limited an employer’s back pay exposure in such cases to the two years preceding the filing of a complaint. This bill is identical to an Assembly Bill (A2650) that was discussed in the April 2012 issue of the New Jersey eAuthority.
What to Expect from OSHA in 2016: Michaels Discusses Hazard Alerts, Silica Rule, Reporting, and Other Priorities
On February 11, 2016, Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health and the head of the Occupational Safety & Health Administration (OSHA), spoke to 170 members of the oil and gas well servicing industry at the Association of Energy Service Companies’ (AESC) Winter Meeting in Horseshoe Bay, Texas, about what the public can expect to see from OSHA in 2016.
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Department of Labor Issues New “Persuader” Regulations Expanding Employers’ Reporting Obligations Under LMRDA
On March 24, 2016, the U.S. Department of Labor (DOL) will publish new regulations expanding the obligations of employers and lawyers to report certain information to the DOL under the Labor Management Reporting and Disclosure Act of 1959 (LMRDA).