Writings by Gary S. Young

All married couples in the United States will soon be able to enjoy the benefits of the Family and Medical Leave Act (FMLA). The U.S. Department of Labor recently issued a final rule that amends the definition of spouse to include all same-sex couples. “With our action today, we extend that promise that no matter […]

From unwelcome sexual propositions to sexually suggestive gestures, sexual harassment claims account for a significant percentage of workplace discrimination claims brought under New Jersey’s Law Against Discrimination (NJLAD). Following a recent ruling by the Supreme Court of New Jersey, these lawsuits will be a bit easier for employers to defend, specifically if they have anti-harassment […]

The U.S. Supreme Court recently ruled that courts should apply traditional contract principles to determine whether retiree health benefits survive the expiration of a collective bargaining agreement (CBA). The decision in M&G Polymers v. Tackett expressly rejected the Sixth Circuit Court of Appeals’ long-standing decision in International Union, United Auto, Aerospace, & Agricultural Implement Workers […]

NYC Employers: Does Your Sick Leave Policy Comply With the New Law? On April 1, 2014, the New York City Earned Sick Time Act took effect for businesses conducting operations in the five boroughs of New York City: Number of Employees  Amount of Sick Leave per Calendar Year Paid or Unpaid Sick Leave Rate of […]

What Does the Independent Contractor Test “ABC Test” determine? At the request of the U.S. Third Circuit Court of Appeals, the New Jersey Supreme Court decided an important employment law issue that significantly impacts New Jersey businesses and workers. In Hargrove v. Sleepy’s, LLC, the state’s highest court found that the Independent Contractor Test or […]

Often times employees will get paid for time spent at security checkpoints… Not anymore Businesses need not compensate employees for time spent at security checkpoints at the end of their shifts, according to the U.S. Supreme Court’s decision in Integrity Staffing Solutions, Inc. v. Busk. The class-action suit before the Court claimed that Integrity Staffing […]

The Equal Employment Opportunity Commission (EEOC) recently announced its enforcement trends for fiscal year 2014. The Performance and Accountability Report reveals that the number of charges filed dipped slightly, which the EEOC attributed to the lingering effects of sequestration and the government shutdown. Despite the fiscal challenges early in the year, the report notes that […]

Several prominent business groups, including the U.S. Chamber of Commerce and the National Association of Manufacturers, recently filed amicus briefs urging the Supreme Court to require federal agencies to follow the procedures set forth in the Administrative Procedure Act (APA) when altering interpretative guidance. These arguments are grounded in the requirements of the Fifth and […]

State and federal regulators are increasingly acting to combat worker misclassification. Before using independent contractors, it is imperative to verify that they are not actually employees. The issue is legal in nature so the legal principals must be thoroughly considered and applied. Mistakes, no matter how innocent, can result in costly lawsuits and significant legal […]

As we are learning from the indefinite suspension of Ray Rice from the NFL, domestic violence often follows both perpetrators and victims from home and into the workplace. In response this reality, the American Bar Association (ABA) recently adopted a Model Workplace Policy on Employer Responses to Domestic Violence, Dating Violence and Stalking. While not […]

The Obama Administration recently proposed new rules that strive to keep the Affordable Care Act’s (ACA) birth control mandate in place while seeking to comply with the rationale of the Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores, Inc. The ACA requires employers with more than 50 employees to provide health insurance coverage […]

New Jersey employers typically send required legal notices by regular mail via the U.S. Postal Service (USPS). And for good reason — the “mailbox rule” of the courts has long held that a letter sent to the correct address with proper postage affixed creates the legal presumption that it was received. A recent decision by […]