On February 29, 2012, the New York State Senate passed a bill (S06063A) that would eliminate the annual notice requirements of the Wage Theft Prevention Act (WTPA), a law which presently requires, among other things, that a detailed notice be provided to all employees upon hire, annually thereafter between January 1 and February 1, and upon changes in the information contained in the notice. If this bill passes in the Assembly, it will be sent to the Governor’s desk. Employers should note that passage of this bill would not eliminate any of the other requirements in the WTPA; it just would eliminate the annual notice requirement. For more information about the WTPA, see prior issues of the New Jersey eAuthority as well as the FAQ available on the Department of Labor’s website.
Proposed Amendments to Colorado Anti-Discrimination Act to Add Compensatory and Punitive Damage Remedies Die in House Committee
On April 6, 2011, the Job Protection and Civil Rights Enforcement Act of 2010 (SB-72) died in House Committee by a close 5-4 vote. SB-72 was a bill similar to previous bills that have been introduced the last two years to amend the Colorado Anti-Discrimination Act (CADA) to allow for compensatory and punitive damages in employment discrimination cases brought under state law.
Here are the latest developments from the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP).
Does the “No-Rehire” Provision in Your Settlement Agreement Restrain the Lawful Practice of a Profession?
When resolving an employment dispute, employers often wish to include a “no-rehire” provision in the settlement agreement. In a typical no-rehire clause, the parties agree that they wish to resolve their dispute and sever any relationship they may have now or in the future. The employee agrees that his employment has ended and promises not to seek reemployment with the company. Further, if the employee obtains reemployment with the company or any related entity, the employee agrees that his or her employment may be terminated immediately without any legal recourse.