This week, the U.S. District Court granted the EEOC’s request for a brief reprieve (until April 3) to provide information to federal contractors about what and when they will need to file the EEO-1 Part 2 pay data report. The judge told the EEOC to spell out how pay data will be collected, when it is due and how employers should format the data. The Department of Justice, arguing for EEOC, claimed EEOC’s systems were not prepared to accept the influx of data, but that they were working hard to modify their systems. For the first time, the Court acknowledged the difficulty employers face, the judge stating “I am mindful of the fact that this is a significant burden…the employers are waiting.” The plaintiffs will have an opportunity to respond to EEOC’s plan no later than April 8.
New Jersey Law Prohibits Prospective Waivers and Secret Discrimination, Retaliation, or Harassment Settlements
On March 18, 2019, New Jersey Governor Phil Murphy signed a bill amending the New Jersey Law Against Discrimination (LAD) to prohibit contractual provisions that result in the wavier of a right or remedy provided under the LAD or prevent the disclosure of information pertaining to claims of discrimination, retaliation or harassment. The amendment, which is immediately effective, prohibits any provision in an employment agreement, other than a collective bargaining agreement, that:
- Waives any substantive or procedural right or remedy relating to a claim of discrimination, retaliation, or harassment; or
- Prospectively waives any right or remedy under the LAD.
Don’t forget – April 1 marks the beginning of a new set of sexual harassment training requirements in New York City. While the training requirement began across New York State on October 9, 2018 (and must be completed by October 9, 2019), the City imposes additional requirements on certain employers. Both laws require training to be provided on an annual basis.
On March 18, 2019, we wrote that both houses of the Maryland Assembly had passed bills that would increase the state-wide minimum wage to $15 by 2025 or 2028, depending on the size of the company, but that the House and the Senate still had to work out their differences.
Artificial Intelligence: A Potential Cybersecurity Safeguard or Viable Threat to the Healthcare Industry?
The healthcare industry is still struggling to address its cybersecurity issues as 31 data breaches were reported in February 2019, exposing data from more than 2 million people. However, the emergence of artificial intelligence (AI) may provide tools to reduce cyber risk.
Epstein Becker Green (EBG) is pleased to announce that Michael S. Ferrell, an experienced labor and employment lawyer who provides businesses with counseling on a variety of workforce management matters, has joined its Chicago office as a Member of the Firm. Mr. Ferrell comes to EBG from Jones Day.
Mr. Munnelly will analyze the latest data security developments affecting Massachusetts businesses and institutions in 2019, and provide practical guidance on the critical legal and operational measures that must be addressed in an effective information security program.
Maryland appears poised to increase its minimum wage to $15 per hour over the next few years, joining California, Illinois, Massachusetts, New Jersey, New York, and various local jurisdictions, including its own Montgomery County and neighboring District of Columbia.
David Clark Quoted in “Did Your Doctor Disappear Without a Word? A Noncompete Clause Could Be the Reason”
David J. Clark, Member of the Firm in the Litigation and Employment, Labor & Workforce Management practices, in the firm’s New York office, was quoted in The New York Times, in “Did Your Doctor Disappear Without a Word? A Noncompete Clause Could Be the Reason,” by Michelle Andrews. (Read the full version – subscription required.)