Practical and Effective Workplace Harassment Prevention Training Is a Must for Employers

EEOC/FTC Issue Guidance on Background Checks

The Equal Employment Opportunity Commission (“EEOC”) and the Federal Trade Commission (“FTC”) issued guidance on utilizing background checks in the employment context.  The publications offer technical assistance to employers on how the agencies’ laws impact the background check process. 

One document, entitled “Background Checks: What Employers Need to Know,” informs employers about steps they must take to gather, use, and dispose of background information legally.  The other document, entitled “Background Checks: What Job Applicants and Employees Should Know,” answers basic questions employees and job applicants might have about their rights during this process.

The publications emphasize that employers are prohibited from engaging in discrimination when conducting and utilizing information gathered from screening procedures.  They also require employers to comply with the Fair Credit Reporting Act (“FCRA”) if the employer uses a third party to compile background information.  They provide examples of best practices for employers to use when screening applicants and employees.

Michael A. Shadiack, a partner in Connell Foley’s Labor and Employment Law practice group, will be giving an in-depth presentation about background checks on June 13, 2014.  For more information or to register for the presentation, please view the event information found on the New Jersey Business & Industry Association’s website.

New York City Sick Leave Law In Effect

On April 1, 2014, the New York City Earned Sick Time Act went into effect.  The law requires private employers to provide paid or unpaid sick leave to its employees who work more than 80 hours per calendar year in New York City.

Under the law, employers with five or more employees are required to provide at least 40 hours of paid sick leave per year to their employees.  Employers with less than five employees must provide at least 40 hours of unpaid sick leave per year.

Employees earn one hour of sick time for every 30 hours worked, up to 40 hours per year.  Employees begin accruing sick time on April 1, 2014 or their first day of employment, whichever is later.  Employers are not required to provide sick leave until July 30, 2014 or until the employee has worked for 120 days, whichever is later.

Employees are permitted to use sick leave for their own or a family member’s illness, medical treatment, or preventive medical care.  Employers are required to give written notice to their existing employees by May 1, 2014 and to their new employees upon commencement of employment.  A copy of the notice can be found here.

Please feel free to contact Connell Foley’s employment law attorneys for guidance on implementing New York City’s sick leave law or any other leave issue you may be facing.

Newark Passes Paid Sick Leave Ordinance

The City of Newark followed Jersey City’s lead as it passed an ordinance mandating certain employers to provide paid sick leave to its employees.  The Sick Leave for Private Employees ordinance requires all private Newark businesses to provide paid sick leave to their employees who work at least 80 hours per year in Newark.

Under the ordinance, employers with 10 or more employees are required to provide at least 40 hours of paid sick leave per year to their employees.  Employers with fewer than 10 employees are required to provide at least 24 hours of paid sick leave per year.  Employees who are child care workers, home health workers, and food service workers are permitted to accrue up to 40 hours of paid sick leave per year, even if the employer has fewer than 10 employees.

Newark employees earn one hour of sick time for every 30 hours worked, up to 40 hours per year.  Employees begin accruing sick time upon their first day of employment, but employers are not required to provide sick leave until the employee has worked for 90 days. 

The ordinance provides that employees may use paid sick time for their own or their family member’s illness.  Employers have the option of determining whether paid sick time may be used in increments of less than one day.  Employers are required to provide written, individual notice to their employees about their rights, and they also must display a poster containing notice of the ordinance.

The ordinance goes into effect on May 29, 2014.  Please feel free to contact Connell Foley’s employment law attorneys for guidance on implementing Newark’s paid sick leave ordinance or any other leave issue you may be facing.