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Writings by Sean D. Dias

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Can the New Jersey Law Against Discrimination Apply Outside the State? post image

Can the New Jersey Law Against Discrimination Apply Outside the State?

The Appellate Division Recently Held That the New Jersey Law Against Discrimination (NJLAD) Can Extend Outside the State’s Borders In Calabotta v. Phibro Animal Health Corp., the Appellate Division held that the New Jersey Law Against Discrimination (NJLAD) can extend outside the state’s borders. According to the appeals court, the NJLAD “can extend in appropriate […]

Author: Sean D. Dias

Link to post with title - "Can the New Jersey Law Against Discrimination Apply Outside the State?"
What New Jersey Employers Should Know About Expanded Family Leave Laws post image

What New Jersey Employers Should Know About Expanded Family Leave Laws

Gov. Phil Murphy Recently Signed Legislation that Significantly Expands New Jersey’s Paid Family Leave Laws Gov. Phil Murphy recently signed legislation that significantly expands New Jersey’s paid family leave laws, including the Family Leave Act (NJFLA), Family Leave Insurance law (NJFLI), and New Jersey Security and Financial Empowerment (SAFE) Act. The new law is one […]

Author: Sean D. Dias

Link to post with title - "What New Jersey Employers Should Know About Expanded Family Leave Laws"
Can We Talk? Guidance on NYC’s New Cooperative Dialogue Requirements post image

Can We Talk? Guidance on NYC’s New Cooperative Dialogue Requirements

Earlier this year, the City of New York amended the New York City Human Rights Law (NYCHRL) to require employers to engage in a cooperative dialogue with individuals who may be entitled to a reasonable accommodation under the statute. The new requirements take effect on October 15, 2018. In advance of the effective date of the new law, New York City Commission on Human Rights (Commission) recently issued guidance regarding employer compliance, particularly with respect to disability discrimination.

Author: Sean D. Dias

Link to post with title - "Can We Talk? Guidance on NYC’s New Cooperative Dialogue Requirements"
Could Your Employee Handbook Lead to Liability? post image

Could Your Employee Handbook Lead to Liability?

Employee handbooks are intended to reduce legal risks in the workplace. However, if not properly drafted to comply with state and federal laws, they can sometimes do more harm than good. The National Labor Review Board (NLRB or Board) recently issued new guidance regarding when employee handbooks may violate the National Labor Relations Act (NLRA). In good news for New Jersey employers, the new guidance is more business-friendly.

Author: Sean D. Dias

Link to post with title - "Could Your Employee Handbook Lead to Liability?"
SCOTUS Not Done Addressing Class-Actions and Workplace Agreements post image

SCOTUS Not Done Addressing Class-Actions and Workplace Agreements

The U.S. Supreme Court’s decision that class-action waivers in workplace agreements are lawful is not the end of the story. Next term, the justices will address a related issue that could also impact millions of employment agreements. The issue in Lamps Plus, Inc. v. Varela is whether arbitration clauses that are silent about class arbitration can be interpreted to allow it.

Author: Sean D. Dias

Link to post with title - "SCOTUS Not Done Addressing Class-Actions and Workplace Agreements"
Is ADA Reform on the Horizon? post image

Is ADA Reform on the Horizon?

The U.S. House of Representatives recently passed the Americans with Disabilities Act Education and Reform Act of 2017, which is intended to curb frivolous disability lawsuits that are designed to rake in damages rather than increase accessibility.

Author: Sean D. Dias

Link to post with title - "Is ADA Reform on the Horizon?"
Top 12 Risk Factors for Workplace Sexual Harassment Claims post image

Top 12 Risk Factors for Workplace Sexual Harassment Claims

Top Risk Factors for Workplace Sexual Harassment Claims The mounting sexual harassment claims against Harvey Weinstein have made sexual harassment front page news. As all employers should be aware, workplace harassment is not confined to the entertainment industry. According to one study, one in three women between the ages of 18-34 has been sexually harassed […]

Author: Sean D. Dias

Link to post with title - "Top 12 Risk Factors for Workplace Sexual Harassment Claims"
Does Title VII Prohibit Transgender Discrimination? post image

Does Title VII Prohibit Transgender Discrimination?

Attorney General Jeff Sessions Stated That Title VII of the Civil Rights Act of 1964 Does Not Prohibit Transgender Discrimination Employers are likely getting whiplash in the wake of the Trump Administration’s frequent reversals of many Obama-era workplace rules and policies. Most recently, Attorney General Jeff Sessions stated that Title VII of the Civil Rights […]

Author: Sean D. Dias

Link to post with title - "Does Title VII Prohibit Transgender Discrimination?"
Enhanced EEO-1 Form Reporting Requirements Stayed post image

Enhanced EEO-1 Form Reporting Requirements Stayed

OMB Issues Memorandum Indefinitely Staying The Expanded Reporting Requirements Of The New EEO-1 Form Late last month, the Office of Management and Budget (OMB) issued a memorandum indefinitely staying the expanded reporting requirements of the new EEO-1 form. Given the burdens associated with enhanced data collection, the announcement is great news for employers. As detailed […]

Author: Sean D. Dias

Link to post with title - "Enhanced EEO-1 Form Reporting Requirements Stayed"
Can One Race Slur Lead to Employment Liability? post image

Can One Race Slur Lead to Employment Liability?

The Third Circuit Court of Appeals Recently Addressed What Constitutes Harassment in the Workplace As It Could Lead To Employment Liability The Third Circuit Court of Appeals recently addressed what constitutes harassment in the workplace. In Castleberry v. STI Group, the federal appeals court held that plaintiffs need to demonstrate that harassment is “severe or […]

Author: Sean D. Dias

Link to post with title - "Can One Race Slur Lead to Employment Liability?"

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