MARCH 22, 2019
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Labor & Employment News
In house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review on-line edition.

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S121 has been signed into law by Governor Murphy.
The law appears to provide that any “non-disclosure provision” in any employment contract or settlement concealing the details related to discrimination, retaliation or harassment is unenforceable.   This law does not apply retroactively.  So all agreements previously signed remained in force.  It is unclear how this will affect non-disparagement clauses in settlements moving forward.  Additionally, if an employee is free to tell their side of the story after settlement, speak of their experience in obviously unflattering terms and appeal to the court of public opinion, what incentive will employers have to settle these cases?   More on New Jersey NDA Law Here >
On March 4, 2019 Judge Chutkan of the U.S. District Court for the District of Columbia issued a ruling that immediately reinstated the EEO-1 pay data reporting requirement.  The government has not yet appealed or sought to stay the ruling, leaving employers unclear about their EEO-1 reports, which are due by May 31, 2019.  On March 18, 2019 the EEOC issued a statement that it would only require the submission of Component 1 data regarding the demographics of employer workforces.  With respect to the Component 2 pay and hours data addressed in the Court’s ruling, the EEOC has stated only that it “is working diligently on next steps in the wake of the court’s order” and “will provide further information as soon as possible.”  More on EEOC Pay Liability Here>
Last week, the Department of Labor (DOL) Wage and Hour Division (WHD) issued its first three opinion letters of 2019 concerning the Family Medical Leave Act (FMLA) and Fair Labor Standards Act (FLSA). These opinion letters are a helpful tool for employers to understand their rights and responsibilities under the law. Employers may even rely upon DOL opinion letters as a good faith defense to wage claims arising under the FLSA. Accordingly, paying close attention to the latest guidance the WHD has to offer is an easy way to limit risks and reduce potential liabilities.   More on DOL Opinion Letters Here >
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