ADDING TIME – NEW YORK LEGISLATOR SEEKS TO EXTEND ADMINISTRATIVE STATUTE OF LIMITATIONS FOR DISCRIMINATION CLAIMS
By Kegan Andeskie, Esq. In January 2023, Assemblywoman Nily Rozic (D WF-Fresh Meadows) introduced bill NYS S3255 to the New York State Assembly that would extend the administrative statute of limitations for discrimination-based claims from one year to three years. If enacted, employees in New York would be subject to the longest administrative statute of […]
ATTENTION EMPLOYERS: U.S. CITIZENSHIP AND IMMIGRATION SERVICES PUBLISHES REVISED FORM I-9
By Melanie M. Ghaw, Esq. and Rachel H. Khedouri, Esq On August 1, 2023, the U.S. Citizenship and Immigration Services released a revised Form I-9, Employment Eligibility Form, available HERE. Although employers may continue using the prior version of the Form I-9 through October 31, 2023, all employers must begin using this new version as of […]
ATTENTION EMPLOYERS: ADDITIONAL PROTECTIONS FOR TEMPORARY WORKERS NOW IN EFFECT
By Rachel H. Khedouri, Esq. UPDATE: As referenced in the eAlert below, the New Jersey Department of Labor & Workforce Development (“NJDOL”) published additional forms to be provided to temporary laborers pursuant to the NJ Temporary Workers Bill of Rights law. Two forms are now available to employers and must be used, as applicable, effective […]
ATTENTION NEW JERSEY EMPLOYERS: NJDOL RELEASES “FIRST STEP” FOR COMPLIANCE WITH NEW UNEMPLOYMENT INSURANCE REQUIREMENTS
By Rachel H. Khedouri, Esq. As discussed in our eAlert HERE, amendments to New Jersey’s Unemployment Compensation Law are scheduled to go into effect on July 31, 2023. Among other things, the amendments require employers to communicate electronically with the Division of Unemployment and Temporary Disability Insurance of the New Jersey Department of Labor & […]
ATTENTION EMPLOYERS: THE DEPARTMENT OF HOMELAND SECURITY ANNOUNCES OPTIONAL ALTERNATIVE TO PHYSICAL INSPECTION OF FORM I-9 FOR QUALIFIED EMPLOYERS
By Melanie M. Ghaw, Esq. and Rachel H. Khedouri, Esq. On July 25, 2023, the Department of Homeland Security (“DHS”) published a final rule authorizing the Secretary of Homeland Security to provide eligible employers with alternatives to the in-person physical examination requirement for Form I-9 identity and employment eligibility documentation. As discussed in our prior eAlert, the […]
SCOTUS UPHOLDS PENNSYLVANIA LAW REQUIRING THAT COMPANIES REGISTERED TO DO BUSINESS IN PENNSYLVANIA AGREE TO BE SUED IN THE COMMONWEALTH
By Shirley Castillo, Legal Intern In its recent decision, Mallory v. Norfolk Southern Railway Co., 600 U.S. (2023), the United States Supreme Court held that a Pennsylvania law requiring an out-of-state corporation to consent to general jurisdiction in that state as a condition of registering to do business there did not violate the Fourteenth Amendment’s […]
ATTENTION NEW JERSEY EMPLOYERS: NEW UNEMPLOYMENT INSURANCE REQUIREMENTS GO INTO EFFECT JULY 31
By Moira Phan, Legal Intern and Rachel H. Khedouri, Esq. New Jersey’s Unemployment Compensation Law (“NJ UCL”) has long required employers to inform newly separated employees about the process for filing an unemployment insurance claim with the Division of Unemployment and Temporary Disability Insurance of the New Jersey Department of Labor & Workforce Development (the […]
ATTENTION NEW YORK EMPLOYERS: UPDATED NYS WARN ACT REGULATIONS IMPOSE NEW REQUIREMENTS ON EMPLOYERS
By Melanie M. Ghaw, Esq. and Rachel H. Khedouri, Esq. Effective June 21, 2023, the New York State Department of Labor (“NYSDOL”) amended its regulations governing the New York State Workers Adjustment and Retraining Notification Act (“NYS WARN Act”), available HERE. The NYS WARN Act was originally enacted in 2008 and has since been amended several times, […]
U.S. Supreme Court Holds Federal Courts Must Stay Proceedings Pending an Appeal on Arbitrability
By Melanie M. Ghaw, Esq. A recent decision by the United States Supreme Court resolved a long-standing circuit split on the issue of whether district courts have the discretion to stay proceedings when a party appeals the denial of a motion to compel arbitration under the Federal Arbitration Act (“FAA”). In a 5-4 decision issued […]
United States Supreme Court Declines to Resolve Circuit Court Split Impacting Opt-In Plaintiffs in FLSA Collective Actions
By Erica M. Clifford, Esq. The recently established Third Circuit precedent barring out-of-state plaintiffs from joining a collective action under the Fair Labor Standards Act remains intact after the United States Supreme Court denied the plaintiff’s petition for certiorari in Fischer v. Federal Express. Last year, in Fischer, the Third Circuit limited the plaintiff’s FLSA […]