Three years at this blog without discussing mohawk hairstyles in the workplace. Now, two posts in one week. Which reminds me of the time I dressed up as BA Baracus for Halloween in law school
Ah, yes. That mohawk….and BA’s fear of flying. Ties right into today’s post.
(I love it when a plan comes together)
I blogged about it here back in October. My epic Lil’ Za Halloween costume. Both the NJ House and Senate had proposed legislation whereby a female employee affected by pregnancy could not be treated worse than other non-pregnant co-workers, but similar in their ability or inability to work.
Well, now, it’s the law, son! Under the new law, which Governor Chris Christie (R) signed on Tuesday, employers must provide reasonable accommodation to pregnant employees that will allow them to maintain a healthy pregnancy, or who need a reasonable accommodation while recovering from childbirth. Examples include bathroom breaks, breaks for increased water intake, periodic rest, assistance with manual labor, job restructuring or modified work schedules, and temporary transfers to less strenuous or hazardous work. An employer can avoid accommodation if it can establish that doing so would cause it undue hardship.
The new law takes effect immediately.
On Election Day, NJ voters approved a constitutional amendment increasing the state’s minimum wage by $1, from $7.25 to $8.25. The new wage rate will take effect on January 1, and future increases will be tied to inflation.
Governor Chris Christie, who was re-elected on Tuesday had opposed the increase, claiming that the state’s economy would have a difficult time withstanding the increase.
New Jersey becomes the 20th state to establish a minimum wage higher than the federal minimum of $7.25.
If only I had a hot tub time machine, I would have gone back a day and a half and scooped Phil Miles at Lawffice Space and posted “New Jersey Recognizes Same Sex Marriages – Why it Matters for Pennsylvania Employers” before he did.
Except I didn’t.
So read his post entitled “New Jersey Recognizes Same Sex Marriages – Why it Matters for Pennsylvania Employers.” It’s really good.
New Jersey is the home of deep fried hot dogs and the Law Against Discrimination, one of the most employee-friendly anti-discrimination statutes in the country. Here, pregnant employees can order a ripper with relish at Rutt’s Hut, but, somehow, are not entitled to preferential leave treatment in the workplace.
However, a new bill pending in the NJ Senate would change all that.
Not the hot dogs, silly. They rule. You know what doesn’t rule? Leaving a quart of Rutt’s Hut relish in the backseat of your buddy’s car overnight during a high-90s Summer heat wave. Sorry, dude.
Last Friday, I had the pleasure of speaking at the National Employment Lawyers Association – New Jersey Annual Conference.
I must admit that I was a bit leery. While it sounded legitimate enough — they asked me to speak on a panel addressing accommodation issues under the Americans with Disabilities Act — being the guy with The Employer Handbook blog, I half expected to be chloroformed upon arrival, and buried under a jughandle, left to be constantly trampled by folks making left turns from the right lane.
But, instead, I spoke to a sharp, engaged audience and met some wonderful people. (NJ management-side lawyers: there’s a reason we get paid the big bucks. These employee-side folks don’t make it easy!)
It takes two to make a thing go right.
It takes two to make it out of sight, palatable enough for bipartisan support.
It took some doing, but the State of New Jersey finally has itself a workplace social media privacy law, becoming the 12th state to restrict company access to prospective and current employee social media.
There are 11 states with social media workplace privacy laws making it illegal for an employer to require that an employee or applicant fork over a social media login and password.
But, if a company in the other 39 states assumes that it has the green light to engage in these shenanigans, then chiggity check yo self before you wreck yo self, according to this recent NJ federal court decision.
The legal risks of accessing an employee’s Facebook account
Sex sells. So, when 22 female cocktail servers at an Atlantic City casino pursued claims of discrimination based on their appearance, it came as little shock to me that the judge wasn’t buying.
Last month, a New Jersey state court dismissed a lawsuit against the Borgata Hotel Casino & Spa, brought by cocktail waitresses known as the “Borgata Babes,” who claimed that they were victims of gender and weight discrimination.
Jennifer Bogdan, writing here for the Press of Atlantic City, notes that, upon hire, Borgata told its servers that they must appear “physically fit” with their weight proportionate to their height and, ultimately, banned the servers from gaining more than 7 percent of their body weight. Supposedly, the women were subject to periodic weight checks and suspension for failing to meet the weight requirements, with exceptions made for medical conditions and pregnancy.
The Employer Handbook Blog