St. Patrick’s Day. Day 2 of March Madness. Going a few days without a possible bank collapse. The question of whether a boneless chicken “wing” can be called a “wing”. Let’s face it, some of you are already hitting the pubs as of this publication (have a pint for us, will ya?). And while there isn’t a pot of gold at the end of this blog, we hope you’ll at least find a wealth of legal knowledge!
New York Amends Statewide Wage Transparency Law
Yes, we’re still talking about this. Salary transparency laws are here to stay. As you know, New York State recently followed in New York City’s footsteps and passed a statewide wage transparency law that will go into effect on September 17, 2023. More recently, that law was amended in order to greatly expand its reach. Prior to the amendments, salary ranges and job descriptions were only required for advertisements for jobs that “can or will be performed” in New York. The new amendments require salary ranges and job descriptions for all jobs that will be physically performed (at least in part) in New York, or physically performed outside of New York but where the employee reports to a supervisor, office, or other work site located in New York.
That’s quite a shift. What does this mean for employers? First, yes you should order another round. Second, if you have a physical location – or a supervisor – in New York, this law will apply to you! Better start revising those job postings before September.
Recent New Jersey Decision Permits Retroactive Application of Updated Statute of Limitations for Wage Claims
As some of you may (or may not) know, New Jersey’s wage laws got a makeover back in 2019, and now wage claims can be brought up to six years (previously it was only two years). In a recent case, a New Jersey court clarified that the six-year window applies to claims even if the employee left the company before the amendments were enacted. In other words, wage claims that arose after March 2017 are still fair game.
We’re sorry if this makes you want to order yet another round.
New Bill Introduced in New Jersey Seeks to Reduce Family Leave Threshold to One Employee
Staying in the Garden State, the New Jersey legislature recently introduced a bill to reduce the employee threshold for reinstatement following family temporary disability leave under the Family Leave Act from 30 to 1. Currently, employers with less than 30 workers are exempt from the reinstatement requirements of the Family Leave Act following family temporary disability leave. The proposed bill intends to change the threshold in phases, beginning with employers of 20 or fewer employees upon the effective date, and ultimately ending with a requirement of only 1 employee. The ultimate goal is to ensure that all employees, no matter the size of their employer, have the right to take family temporary disability leave to care for a family member without fear of retaliation from their employer. Surprisingly, we haven’t heard much noise about this bill but will definitely keep an eye on it, as, if passed, it could impact all employers.
What’s Left of COVID-19 Leave? A Philadelphia Case Study
It’s been a while since we’ve seen COVID-19 specific updates, but alas, thanks Philly.
The Philadelphia Department of Labor recently revised its COVID-19 leave regulations. Previously, the regulations required employers with 25 or more employees to provide up to 40 hours of additional paid leave (outside of the employees existing accrued paid time off days) to employees who can’t work for COVID-19-related reasons (i.e., caring for self or family member who shows symptoms of or is otherwise exposed to COVID-19). This applied from March 9, 2022 until December 31, 2023.
But now, thanks to the recent amendments, we have some clarification. Philly’s DOL has stated that only employees who worked for the employer after March 9, 2022, who worked in Philly (or normally work in the city but not telework due to COVID-19), or worked at least 51% of the time from Philly, will be counted as employees. This should clear up any confusion over how to determine employer size. Additionally, it is now evident that only business closures specifically for the purpose of quarantine or isolation due to personal exposure or symptoms will qualify for COVID-19 leave.
If you’re worried about how this affects your business, there are exceptions for employers that offer 112.5 hours of paid time off for employees who work a 7.5-hour workday and consider 37.5 hours per week as full time. But don’t forget, employers must not terminate employees during their COVID-19 leave or at any point when they’re entitled to use COVID-19 leave. There’s definitely a lot to unpack here, so yes, order a final round and let us know if you’d like to speak.
In the meantime, enjoy whatever it is you’re celebrating this weekend, and as always, if you’ve got questions, you know we’ve got answers.