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The Employer Handbook Blog
New Jersey is back doing New Jersey things, like trying to kill restrictive covenants
For one of the most employee-friendly states in the country, the current state of play in New Jersey for restrictive covenant agreements like non-competes and non-solicits is employer-friendly. Although your mileage may vary by judge, most will enforce reasonable contracts of up to two years with a geographical footprint that coincides with where the company does business. Continued employment is sufficient consideration, and if the agreement is too broad, the judge can reform it.
Those days may be ending soon. Continue reading
New legislation in the House and Senate will make wage and hour violations WAY MORE expensive for employers (and criminal too)
Last week, the House and Senate introduced a bill called the Wage Theft Prevention and Wage Recovery Act. One of the bill’s primary goals is to ensure that workers receive timely regular paystubs and final paychecks. That seems non-controversial.
But as you read deeper into the proposed legislation, you’ll find that, perhaps, the main objectives of this legislation aren’t just pay stubs, but something else entirely.
Is calling a man “bald” considered harassment based on sex?
Yesterday, I read many headlines, like this one in The Guardian: “Calling a man ‘bald’ is sex-related harassment, employment tribunal rules.”
Is it, though? Let’s take a closer look. Continue reading
If your hiring software does this, the EEOC says its age discrimination
In this Friday post, I shared some technical guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice to help employers navigate the Americans with Disabilities Act when using software, algorithms, and artificial intelligence to assess job applicants and employees.
But employers using hiring software can discriminate in other ways. Continue reading
These free resources can help you avoid disability discrimination claims when hiring using artificial intelligence
More employers now are using software, algorithms, and artificial intelligence to make smarter hiring decisions. There’s nothing inherently unlawful about that.
Except, consider this. Continue reading
Man missed deadline to file disability discrimination lawsuit by about 40 years. FORTY!!!
His claims were so old that they predate the Americans with Disabilities Act of 1990.
Let’s see how his ADA lawsuit turned out.
(Spoiler alert: Not well). Continue reading
Jury awards $2,036,860,045 for misappropriation of trade secrets. Yes, over $2 billion!
Yesterday, a tech company announced that a Virginia jury had awarded it the biggest damages award in state court history. It was an employment case.
Hopefully, I have your attention. Continue reading
PODCAST: On this episode of Working Class, how to deal with employee whistleblowers
Have you ever watched The Dropout on Hulu? It’s about the rise and fall of Elizabeth Holmes and her company, 