Victor v. State of New Jersey, No. A-2-09 (N.J., September 13, 2010) – The New Jersey Supreme Court declined the opportunity to decide whether the New Jersey Law Against Discrimination (LAD) permits a failure to accommodate claim absent proof of any adverse employment action. After noting that the purpose and history of the LAD support an expansive view of protecting employees’ rights in the workplace, the court theorized that if a denial of an accommodation has the effect of creating a hostile work environment, proving an adverse employment action may be unnecessary to state a failure to accommodate claim. However, the court decided to resolve the matter on other grounds, expressly declining to resolve the novel issue. As a result, it appears that prior Appellate Division cases – which require an employee to prove an adverse employment action as part of a failure to accommodate case – remain the law for now.
Restricting the Activities of California On-Call Employees May Mean Having to Pay Them for Their Time
In a recent decision, the California Court of Appeal held that employees need to be compensated for “on-call” hours if the employer substantially restricted their ability to engage in non-work related activities. However, the court also held that employers may exclude eight hours of sleep time from 24-hour shifts, if there was an agreement between the employer and employee to make such a deduction.
South Carolina Expected to Implement Liability Shield Law to Protect Businesses From Certain COVID-19–Related Claims
The “South Carolina COVID-19 Liability Immunity Act” (Senate Bill 147) is expected to reach Governor Henry McMaster’s desk early this week for his signature. Senate sponsors initially introduced the act on December 9, 2020, and it received final approval in the House of Representatives on April 23, 2021. Similar to its previously introduced predecessors, House Bill 5527 and Senate Bill 1259, the act provides liability protections against coronavirus-based claims for a limited time period for businesses that follow public health guidance in response to the coronavirus public health emergency.
On November 2, 2004, Florida voters approved a constitutional amendment that created Florida’s minimum wage. The minimum wage applies to all employees in the state who are covered by the federal minimum wage. Florida law requires a new minimum wage calculation each year on September 30, based on the Consumer Price Index. If that calculation