Writings by Sean D. Dias

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New Jersey Employers Get Reprieve from Salary History Ban

Gov. Chris Christie Recently Vetoed Legislation That Would Have Imposed New Compliance Obligations On New Jersey Employers Pertaining to Prospective Employees’ Salary History Gov. Chris Christie recently vetoed legislation that would have imposed new compliance obligations on New Jersey employers. The bill would have amended the New Jersey Law Against Discrimination to prohibit employers from […]

Author: Sean D. Dias

August 17, 2017

New Jersey

Is Paid Family Leave on the Fast Track?

Employers in New Jersey may soon have additional paid family leave obligations Whether at the state or federal level, employers in New Jersey may soon have additional paid family leave. The New Jersey Assembly and Senate recently approved a bill to expand Family Disability Benefits. At the federal level, a group of independent think tanks […]

Author: Sean D. Dias

July 14, 2017

New Jersey

Will the Controversial Salary History Ban Extend Nationwide?

NYC Latest to Adopt Salary History Ban New York City recently became the latest to prohibit employers from asking job applicants for their salary history during the job interview or salary negotiation process. Trend to Ban Salary History Inquiries Last year, Massachusetts became the first state in the country to ban employers and recruiters […]

Author: Sean D. Dias

May 15, 2017

How Can Your Business Prevent Workingplace Violence?

Proactivity Is Key to Preventing Workplace Violence Most businesses mistakenly believe that their company is immune from workplace violence. Unfortunately, this type of thinking not only allows attacks to occur but also leaves businesses ill-equipped to deal with them. What Is Workplace Violence? Workplace violence is any act or threat of physical violence, harassment, intimidation, or other […]

Author: Sean D. Dias

May 1, 2017

Do Your Severance Agreements Pass Muster?

Severance Agreements Attempting to Muzzle Departing Employees Can Backfire Businesses don’t want employees badmouthing them on the way out the door. However, attempts to muzzle former staff members can often backfire. Two federal regulators, the Securities and Exchange Commission (SEC) and the Equal Employment Opportunity Commission (EEOC), are increasingly cracking down on the use of […]

Author: Sean D. Dias

March 17, 2017

EEOC Reminds Employers Mental Illness Is Protected Under ADA

The EEOC recently sent a strong reminder that the ADA applies equally to physical and mental illness. The Equal Employment Opportunity Commission (EEOC) recently sent a strong reminder that the Americans With Disabilities Act (ADA) applies equally to physical and mental conditions. The agency published several documents regarding the rights of individuals with mental health […]

Author: Sean D. Dias

February 14, 2017

Why the EEOC’s Updated Strategic Enforcement Plan Is a “Must Read” for Employers

EEOC’s Strategic Enforcement Plan Is a “Must Read” for Employers The Equal Employment Opportunity Commission (EEOC) recently published its latest Strategic Enforcement Plan. Given that the agency has traditionally been very diligent in targeting its resources to the stated objectives, New York and New Jersey employers should review the new plan and make any necessary […]

Author: Sean D. Dias

November 21, 2016

Why Office Halloween Parties Frighten Attorneys

The Legal Risks Businesses Should Consider Before Hosting Office Halloween Parties Halloween isn’t just for children. In fact, Americans ranked Halloween as their third-favorite holiday, right behind Christmas and Thanksgiving.But should ghosts and goblins be allowed in the office? Studies confirm that workplace social functions boost morale and teamwork. Unfortunately, they can also provide a breeding […]

Author: Sean D. Dias

October 27, 2016

Scarinci Hollenbeck

Are Employee Breaks Mandated by New Jersey Law?

Are you required to provide employee breaks? Both employers and employees alike are often surprised to learn that federal employment laws do not require employers to set specific intervals or even make time for employees to take work breaks or eat meals. However, this does not mean that employers are totally off the hook for providing […]

Author: Sean D. Dias

August 17, 2016

New Jersey Employers Can’t Set Time Limits for NJLAD Lawsuits

Landmark NJ Supreme Court Ruling for NJLAD Lawsuits Time Restraint Under New Jersey’s statute of limitations, workers generally have two years to file an employment lawsuit under the New Jersey Law Against Discrimination (NJLAD). In a landmark decision, the Supreme Court of New Jersey recently held that employers can’t amend that deadline by contract. Facts […]

Author: Sean D. Dias

July 15, 2016

Green v. Brennan: When is a Constructive Discharge Claim Applicable?

The U.S. Supreme Court recently held that the statute of limitations begins to run in a constructive discharge lawsuit when the employee provides notice of his resignation. The Court’s 7-1 decision in Green v. Brennan resolves a circuit split on the issue and should make it easier for employers to determine whether a suit is […]

Author: Sean D. Dias

June 21, 2016

Is Your Business Employing Teen Workers This Summer?

Many businesses, particularly those on the Shore, are employing teen workers during the summer months. Many people who are employing teen workers this summer should be aware that there are several important issues that arise when hiring minor employees. The bulk of these issues involve federal child labor laws that govern the number of hours that minors […]

Author: Sean D. Dias

May 31, 2016

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