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Articles by Benjamin E. Widener
Constangy Webinar - Spring Cleaning: How to Keep your HR Practices Mess Free
Click here to watch the Video Join Constangy partners Laura Balson and Ben Widener as they provide an overview of HR best practices, including employee handbooks and employment agreements/restrictive covenants.
Equal Pay, Pay Transparency, and Job Postings: What Employers Need to Know Now | JD Supra
When it comes to pay practices, employers are accustomed to being told by federal, state, and local legislators what to do. DON’T engage in discriminatory pay practices. DO pay overtime when required. DO pay minimum wage. DON’T pay under the table. DO pay employees equally for equal work. DON’T ask applicants or employees their salary history when offering or negotiating pay. DON’T request a potential employee’s criminal history on a job application. The list goes on.
Equal Pay, Pay Transparency, and Job Postings: What Employers Need to Know Now
Tuesday, November 8, 2022 When it comes to pay practices, employers are accustomed to being told by federal, state, and local legislators what to do. DON’T engage in discriminatory pay practices. DO pay overtime when required. DO pay minimum wage. DON’T pay under the table. DO pay employees equally for equal work. DON’T ask applicants or employees their salary history when offering or negotiating pay. DON’T request a potential employee’s criminal history on a job application. The list goes on.
Equal Pay, Pay Transparency, and Job Postings: What Employers Need to Know Now
Benjamin E. Widener is a Shareholder in the Employment and Litigation practice groups at Stark & Stark, and Chairman of the firm’s Employment Law Group, responsible for managing labor and employment work handled by the firm. Ben represents his clients in all aspects… Benjamin E. Widener is a Shareholder in the Employment and Litigation practice groups at Stark & Stark, and Chairman of the firm’s Employment Law Group, responsible for managing labor and employment work handled by the firm.
Non-Disparagement Clauses in Employment Contracts Still Valid under New Jersey Law
Non-disparagement is not the same thing as non-disclosure. It seems simple and straightforward, except when it isn’t. That was the case of Savage v. Township of Neptune. It was only a matter of time before New Jersey courts began passing judgment on the March 18, 2019 amendment to the New Jersey Law Against Discrimination (“NJLAD”) preventing the enforcement of non-disclosure agreements in employment contracts and settlement agreements.
Non-Disparagement Clauses in Employment Contracts Still Valid under New Jersey Law
Non-disparagement is not the same thing as non-disclosure. It seems simple and straightforward, except when it isn’t. That was the case of Savage v. Township of Neptune. It was only a matter of time before New Jersey courts began passing judgment on the March 18, 2019 amendment to the New Jersey Law Against Discrimination (“NJLAD”) preventing the enforcement of non-disclosure agreements in employment contracts and settlement agreements.
May 2022 Legal Industry News: Law Firm Additions, Industry Awards and Recognition, and Pro Bono Efforts
Happy May! As the weather gets warmer, we hope you are remaining safe, relaxed, and healthy. Please read on to find the latest news in law firm hiring and expansion, legal industry recognition, and pro bono and legal aid efforts. Law Firm Hiring and Expansion Sidley Austin LLP has expanded its Emerging Companies practice with the addition of Cynthia Bai and Nicholas Frey, both of whom are located in the firm’s Palo Alto office.
How to Transition to a Virtual Law Office: 5 Key Benefits
The technology that has emerged in the legal industry offers tremendous opportunities for both fresh law school graduates and veterans of traditional firms alike to transition to a virtual law office. Lawyers can launch, operate, and manage a virtual law office as a low-cost and low-barrier entry to the market, while also serving clients more effectively. Here are the benefits for lawyers looking to transition to a virtual law office and adopt a more tech-forward practice. 1.
Will Virtual Hearings Shape a New Generation of Litigation?
March 15, 2022 Stock Vesting in Startup Companies by: Alexander J. Civetta Dirty Steel-Toe Boots, Episode 8: OSHA’s Attorneys [PODCAST] by: Phillip B. Russell and Jaslyn W. Johnson OFCCP Will Start Demanding Contractors’ Internal Pay Equity Audits by: Guy Brenner and Megan A. Childs The Netherlands and Colombia Have Signed a Tax Treaty by: Thomas van der Vliet and Suzanne Walstra Russia Suspends Compulsory License Payments for Some Non-Russians by: Todd A. Ostomel and Alex E.
Effective Client Intake Forms for Law Firms
Thursday, February 10, 2022 It’s important for law firms to know how to create effective client intake forms as it sets the tone for the relationship between them and the client. A strong, well-composed form with all the important details showcases a firm’s professionalism and competence. Law firms have an opportunity to impress clients immediately by providing a seamless and professional experience that collects all the vital information.
Let’s face it: remote, hybrid, and alternative work arrangements are here to stay. That’s not necessarily a bad thing. Though many employers already had accepted and adopted remote, hybrid, and alternative work arrangements before the COVID-19 pandemic (and the consequential quarantining that came with it), COVID-19 accelerated the need for workforce mobility and fundamentally changed who we hire and how, when, and where we work. Remote work during COVID-19 wasn’t and isn’t a fad.
Remote & Alternative Work Arrangements – Strategies For Success And Reducing Risk - Employment and HR - United States
To print this article, all you need is to be registered or login on Mondaq.com. Let's face it: remote, hybrid, and alternative work arrangements are here to stay. That's not necessarily a bad thing.
Remote & Alternative Work Arrangements – Strategies for Success and Reducing Risk
Wednesday, February 9, 2022 Let’s face it: remote, hybrid, and alternative work arrangements are here to stay. That’s not necessarily a bad thing. Though many employers already had accepted and adopted remote, hybrid, and alternative work arrangements before the COVID-19 pandemic (and the consequential quarantining that came with it), COVID-19 accelerated the need for workforce mobility and fundamentally changed who we hire and how, when, and where we work.
Remote & Alternative Work Arrangements - Strategies for Success and Reducing Risk
Let’s face it: remote, hybrid, and alternative work arrangements are here to stay. That’s not necessarily a bad thing. Though many employers already had accepted and adopted remote, hybrid, and alternative work arrangements before the COVID-19 pandemic (and the consequential quarantining that came with it), COVID-19 accelerated the need for workforce mobility and fundamentally changed who we hire and how, when, and where we work. Remote work during COVID-19 wasn’t and isn’t a fad.
The ETS, the Supreme Court Ruling, and the Vax-or-Test Rollercoaster: What Should Your Business Do Now? - Update | JD Supra
Updated as of 1/27/22 due to OSHA’s withdrawal of the Emergency Temporary Standard (ETS) The vax-or-test legal rollercoaster ride continues, leaving human resource managers’ heads spinning, lawyers prognosticating, and employers simply wondering what comes next.
The ETS, The Supreme Court Ruling, And The Vax-or-Test Rollercoaster: What Should Your Business Do Now?
United States: The ETS, The Supreme Court Ruling, And The Vax-or-Test Rollercoaster: What Should Your Business Do Now? 27 January 2022 Stark & Stark To print this article, all you need is to be registered or login on Mondaq.com. The vax-or-test legal rollercoaster ride continues, leaving human resource managers' heads spinning, lawyers prognosticating, and employers simply wondering what comes next.
The ETS, the Supreme Court Ruling, and the Vax-or-Test Rollercoaster: What Should Your Business Do Now? | JD Supra
The vax-or-test legal rollercoaster ride continues, leaving human resource managers’ heads spinning, lawyers prognosticating, and employers simply wondering what comes next.
The ETS, the Supreme Court Ruling, and the Vax-or-Test Rollercoaster: What Should Your Business Do Now?
Saturday, January 22, 2022 The vax-or-test legal rollercoaster ride continues, leaving human resource managers’ heads spinning, lawyers prognosticating, and employers simply wondering what comes next.
Employers, the Coronavirus, and the Reinstatement of the OSHA ETS: What Now? | JD Supra
On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS), requiring private employers having at least 100 employees companywide (at any given time) to adopt written policies and procedures either mandating vaccination against COVID-19 or requiring employees to choose between vaccination or undergo weekly testing while wearing a face-covering at work.
Employers, the Coronavirus, and the Reinstatement of the OSHA ETS: What Now?
Wednesday, January 5, 2022 On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS), requiring private employers having at least 100 employees companywide (at any given time) to adopt written policies and procedures either mandating vaccination against COVID-19 or requiring employees to choose between vaccination or undergo weekly testing while wearing a face-covering at work.
70 is the New 40 – New Jersey Law Against Discrimination Expands Protections to Employees Over the Age of 70
Wednesday, October 13, 2021 On Tuesday, October 5, 2021, New Jersey Governor Phil Murphy signed legislation that addressed a blind spot in the New Jersey Law Against Discrimination that actually enabled private employers to discriminate against employees on the basis of their age.
Cuomo Resignation a Reminder of the Importance of Anti-Harassment Policies, Grievance Procedures and Workplace Investigations
August 12, 2021 Executive Stock Sales Are Under Scrutiny. Here’s What Regulators Are... by: Joel I. Papernik FTC Signals Focus on Healthcare and Technology Platforms, Among Others by: Liisa M. Thomas and Kari M. Rollins New York and New Jersey Legalize Recreational Marijuana: Still,... by: Raymond G. Lahoud Puerto Rico Extends Mandatory Vaccination to Dining and Entertainment... by: Juan Felipe Santos and Sara E. Colón-Acevedo Maine Enacts “True Lender” Legislation, Amends Consumer Credit Code...
A “Significant Age Difference” Will Suffice to Advance an Age Discrimination Claim
Wednesday, February 24, 2021 Many employees who are let go or terminated from employment don’t know what happens at work once they’re gone. Sometimes employees know or subsequently learn, whether through word of mouth, social media platforms such as LinkedIn, or the employer’s website, that they have been replaced. Sometimes their replacement is someone significantly younger, yet it is unclear exactly how old the replacement is.
Appellate Division Decision Confirms Continued Employment May Constitute Assent to an Employer’s Emailed Arbitration Agreement
Monday, February 22, 2021 Once again, but not surprisingly, an arbitration agreement conveyed by an employer and confirmed by an employee via email has been upheld by the New Jersey courts. In a recent decision, Jasicki v. Morgan Stanley Smith Barney LLC, the New Jersey Appellate Division affirmed the motion court’s dismissal of an employee’s claims of sexual harassment, compelling arbitration.
Landmark Pinterest Settlement Reflects Continued Gender Gap in the Workplace
Thursday, January 28, 2021 The federal Equal Pay Act, 29 U.S.C. § 206, was enacted in 1963 to protect against wage discrimination based on a person’s sex. The purpose of the Act is simple: men and women in the same workplace should be given equal pay for equal work. All forms of employment compensation are covered by the Act, including salary, overtime pay, bonuses, incentive compensation, vacation, etc.
Nursing Home to Employees: COVID-19 Vaccination or Job Termination
Thursday, January 21, 2021 As COVID-19 cases continue to mount and the virus continues to push public health systems to their breaking points, perhaps no community has been hit harder than our elders residing in long-term care facilities. As of January 13, 2021, Neshaminy Manor—the largest nursing home in Bucks County, Pennsylvania—has seen 218 residents test positive, 85 of whom have died from the virus.
EEOC Guidance on COVID-19 Vaccinations: What Now for Employers?
On November 25, 2020, I asked the ominous question: “Can I require my employees to get vaccinated against COVID-19?” In that article, I first addressed the pivotal, threshold issue of whether a vaccination constituted a “medical examination” or health screening under the Americans with Disabilities Act (ADA), as whether a private employer can implement a mandatory vaccination policy turns largely on this issue.
D&I in the Workplace: A Legal Perspective
Dec 11, 2020 BY BENJAMIN E. WIDENER, ESQ. “If I have to do this, based on stereotypes that are totally untrue, and that I do not agree with, you would maybe not be a very good driver…” is the clue provided by the character of Pam to Dwight during a cultural awareness exercise featured in the second episode, “Diversity Day,” of the sitcom The Office, which aired on March 29, 2005.
Can Employers Require Employees to Be Vaccinated Against COVID-19?
Wednesday, November 25, 2020 As the COVID-19 pandemic rages and excitement grows from promising vaccine announcements, employers are asking a critical question: Can I require my employees to get vaccinated against COVID-19?
Infliximab Treatment of Refractory Cardiac Sarcoidosis
JACC: Case Reports Case Report: Clinical Case Majid Asawaeer, Benjamin Widener, Varda Singhal, Matthew J. DeVries, Debra J. Romberger, Alan R. Erickson and Yiannis S. Chatzizisis Author + information Majid Asawaeer, MDa, Benjamin Widener, MDb, Varda Singhal, MBBSa, Matthew J. DeVries, MDc, Debra J. Romberger, MDd, Alan R. Erickson, MDb and Yiannis S.
A “Simple But Momentous” Decision: LGBTQ Rights Are Protected By Title VII
Tuesday, June 16, 2020 “An employer who fires an individual merely for being gay or transgender violates Title VII.” There it is. Simple. Direct. Clear. Groundbreaking. In its landmark decision issued June 15, 2020, the Supreme Court of the United States ruled in Bostock v. Clayton County, Georgia that Title VII of the Civil Rights Act of 1964 protects, gay, lesbian, and transgender employees from discrimination in employment.
The Coronavirus Aid, Relief and Economic Security Act (“CARES Act”): What It Could Mean For You
Monday, March 30, 2020 The federal government has provided new hope for employees affected by the novel coronavirus pandemic by way of an economic stimulus package that includes, among other things, enhanced unemployment benefits. On Friday, March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (“CARES” Act), which expands the situations in which an employee is eligible to receive unemployment compensation.
The Coronavirus Aid, Relief and Economic Security Act (“CARES Act”): What It Could Mean For You
The federal government has provided new hope for employees affected by the novel coronavirus pandemic by way of an economic stimulus package that includes, among other things, enhanced unemployment benefits. On Friday, March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (“CARES” Act), which expands the situations in which an employee is eligible to receive unemployment compensation.
Updated Resource & Guide to COVID-19: Emergency Orders, State Lockdowns, and the Families First Coronavirus Response Act
Monday, March 23, 2020 How things have changed since I published my Employer’s Guide to COVID-19 less than a week ago. While the guidance, recommendations, and issue-spotting set forth in that article have not changed, the legal landscape concerning the novel coronavirus has. State governors have issued emergency orders. New laws have taken, or will take, effect. Non-essential business have been instructed to close their doors and convert to remote work arrangements, if possible.
Updated Resource & Guide to COVID-19: Emergency Orders, State Lockdowns, and the Families First Coronavirus Response Act
How things have changed since I published my Employer’s Guide to COVID-19. While the guidance, recommendations, and issue-spotting set forth in that article have not changed, the legal landscape concerning the novel coronavirus has. State governors have issued emergency orders. New laws have taken, or will take, effect. Non-essential business have been instructed to close their doors and convert to remote work arrangements, if possible. People have been advised to stay home.
COVID-19 & Remote Working Considerations for Employers
March 16, 2020 Managing the Commercial Impact of the Coronavirus: Board Oversight... by: James P. Peterson and Patrick G. Quick Congressional Health Care Law Response to the COVID-19 Pandemic by: Jennifer Orr Mitchell and Noah J. Stern SEC Issues New Exemptive Order in Response to COVID-19 by: Deborah Bielicke Eades and W. Thomas Conner COVID-19 and Its Growing Impact on Commercial Contracts: How Should... by: Stacy A. Carpenter and Carlyle (Cary) W.
Employers Navigate New Territory With COVID-19 Risks
Tuesday, March 17, 2020 Companies are finding themselves in an unprecedented situation, needing to make determinations that keep their employees safe while complying with state and federal laws during the current global health challenge. Navigating responsibilities, employee rights, and requirements for compliance require complex calculations for employers with the recent spread of COVID-19 (coronavirus).
COVID-19 Guidance for US Employers: NJ & PA Focus
Tuesday, March 17, 2020 The coronavirus pandemic has arrived in the United States, and it undoubtedly has impacted your business or workforce in some way. On Friday, March 13th, President Donald Trump declared a national emergency to free up $50 billion in federal resources to combat COVID-19 and has since issued coronavirus guidelines for America.
An Employer’s Guide to COVID-19 (Coronavirus)
The coronavirus pandemic has arrived in the United States, and it undoubtedly has impacted your business or workforce in some way. On Friday, March 13th, President Donald Trump declared a national emergency to free up $50 billion in federal resources to combat COVID-19 and has since issued coronavirus guidelines for America.
Novartis Hit with $1.5M Whistleblower Suit, Avoids Punitive Damages
April 01, 2019 City of Baldwin Park Hit with $7 Million Sex Discrimination Verdict by: Anthony J Oncidi and Cole D. Lewis Recent Vehicle Tampering Decision May Invite Citizen Enforcement For... by: Joel T. Bowers and Mark R. Owens Third Circuit: FACTA Class Plaintiff Lacked Concrete Injury Required... by: Alan S. Kaplinsky and Burt M. Rublin Chancery Court Dismisses Stockholder Claim For Breach Of Fiduciary... by: Holly D. Hatfield and Adam P.
New Law Bans Non-Disclosure of Discrimination, Harassment, and Retaliation Settlements
March 20, 2019 USCIS Clarifies Premium Processing for This Year’s H-1B Cap Cases... by: Amy L. Peck Standing to Settle?: Supreme Court Remands Privacy Class Settlement... by: Michael P. Daly and Kristin Ann Shepard Key Changes to this Year’s H-1B Cap that You Should Know by: Martha J. Schoonover Supreme Court Orders Standing Analysis in Google Settlement by: Gregory Szewczyk and Philip N. Yannella Not So Fast: District Court Rejects TCPA Plaintiff’s Attempt To Opt... by: Daniel L.
Equal Pay for Equal Work – New Jersey’s New Equal Pay Act
Without doubt, the clear public policy of the State of New Jersey is – and always has been – to eradicate invidious discrimination from the workplace, and a central purpose of the New Jersey Law Against Discrimination (“NJLAD”), 10:5-12, is the prohibition of discrimination in all aspects of the employment relationship. Recently, this purpose has been extended by way of a new state mandate to ensure equal pay to all employees for equal, or “substantially similar,” work.
Paid Sick Leave in New Jersey: What’s the Prognosis?
The proliferation of paid sick leave laws has arrived in New Jersey. On May 2, 2018, New Jersey Governor Phil Murphy signed into law the New Jersey Paid Sick Leave Act, which takes effect October 29, 2018. The Act, which applies to nearly all employers and employees in the Garden State, guarantees that almost every person employed in New Jersey will accrue paid sick leave.
Opioid Accommodation: Overview, Case Study and Recommendations
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. Our Team Account subscription service are for legal teams of four or more attorneys.
Wiretapping In The Workplace
The recent turmoil, investigation and controversy surrounding President Donald Trump’s firing of former FBI Director James Comey has thrust the issue of wiretapping into the public and political spotlight. “James Comey better hope that there are no ‘tapes’ of our conversations before he starts leaking to the press!,” President Trump tweeted on May 12, 2017, suggesting that “tapes” of his private conversations with Director Comey might exist.
Say What? Second Circuit Establishes New Outer-Bounds Limit to Protected Employee Speech
To say that Facebook and social media have complicated the relationship between employer and employee and, specifically, what an employee can say or do with respect to his/her work, is an understatement. Social media has added a new dimension to analyzing the intersection between employee speech and protected activity under the National Labor Relations Act (the “NLRA”), and the level of protected activity has reached a new low.
Read Before You Click: The Enforcement of Web-Based Restrictive Covenants and Arbitration Agreements Against Employees
When was the last time you clicked a box indicating your agreement to terms of service without actually reading, let alone understanding, the terms and conditions of service? The use of “clickwrap” whereby users of web-based applications memorialize their acceptance of legal agreements by clicking something, like a check box, is commonplace in the digital world. In the employment arena, however, the use of such web-based platforms and click-to-accept legal agreements is relatively new.
Successful Strategies for Preventing and Defending Claims of Sexual Harassment in Workplace
Despite increased efforts to curb it, sexual harassment in the workplace hasn’t gone away. In fact, news reports of allegations of sexual harassment and lewd behavior lodged against media mogul Bill O’Reilly at Fox News and, separately, against transportation network company Uber, have shined a spotlight on the pervasiveness of sexual harassment in the workplace.
Sex Discrimination Includes Sexual Orientation Says the 7th Circuit
“We must consider what this country has become in deciding what [a statute] has reserved.” So wrote Judge Richard Posner, Circuit Judge of the 7th Circuit Court of Appeals, quoting Supreme Court Justice Oliver Wendell Holmes in Missouri v. Holland, 252 U.S. 416, 433-34 (1920), in his concurring opinion of the 7th Circuit’s landmark ruling that a person who alleges employment discrimination on the basis of sexual orientation has put forth a case of sex discrimination under Title VII. That’s right.
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