Since certain amendments in 2019, it has been widely recognized that Section 10:5-12.8 of New Jersey’s Law Against Discrimination (N.J.S.A. 10:5-12.8) prohibits non-disclosure provisions in employment agreements or employee...more
New York employers should take note: 2024 will bring significant changes in the state’s labor law, restricting the ability to seek login credentials for the private social media accounts of employees and job candidates. ...more
At this point in the evolution of AI technology, while there is endless debate about nothing less lofty than AI’s broad implications for humanity as a whole, it seems we can all agree on one small point. The use of AI models...more
On October 11, the Department of Labor (DOL) announced a proposed rule that would replace the Trump administration’s worker classification test, and may make it more difficult to classify workers as independent...more
Since its enactment in 2019, the ban against mandatory arbitration provisions in employment agreements contained in Section 12.7 of New Jersey’s Law Against Discrimination (NJLAD) has been on thin ice. And it appears to have...more
This past July 29, while employers were grappling with complicated COVID-related questions such as when to reopen offices and whether to impose employee vaccine mandates, an amendment to the New York City Fair Chance Act...more
New York State recently took legislative action to facilitate its COVID-19 vaccine rollout by requiring all New York employers to provide employees up to four hours of paid leave for each COVID-19 vaccine injection received...more
In the wake of a high-profile corruption scandal involving the United Auto Workers International Union (UAW), the Department of Labor (DOL) announced on September 30 a Notice of Proposed Rulemaking (NPRM) designed to...more
As Foley’s multidisciplinary and multijurisdictional Coronavirus Task Force reported on March 27, the newly minted CARES Act creates a $349 billion loan program—referred to as the Paycheck Protection Program (Title I, Section...more
3/31/2020
/ Business Closures ,
Business Interruption ,
CARES Act ,
Coronavirus/COVID-19 ,
Federal Loans ,
Financial Stimulus ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Small Business ,
Tax Relief ,
Unemployment Insurance
With the summer (and many vacations) now in full swing, it would be easy for employers to miss the anti-sexual harassment protections that were added to the New York Civil Practice Law and Rules (NY CPLR) and New York’s...more
New York City maintains some of the most expansive and comprehensive human rights laws in the nation. Two new amendments to the city’s laws, which address the process that employers (and other covered entities, such as public...more
After living with the reality of after-hours work emails, texts and cell phone calls for so many years, no one should be surprised that the Fair Labor Standards Act (FLSA) (29 U.S.C. § 201 et seq.) requires employers to pay...more
Wearable devices that track and record personal biometric data are hardly new to the technology scene. In addition to the now-commonplace electronic pedometers and heart rate monitors, there are portable and wearable devices...more
You may not even know the technical name for workers at the local car dealership who diagnose what is wrong with your vehicle and tell you how it can be repaired. They are called auto service advisors, and whether they are...more
10/14/2016
/ Chevron Deference ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Navarro v Encino Motorcars ,
Non-Exempt Employees ,
Remand ,
Salespersons ,
SCOTUS ,
Service Advisors ,
Unpaid Overtime ,
Wage and Hour
We have seen a veritable maelstrom of controversy surrounding transgender rights and other gender identity issues in the past year, and especially in the last several weeks, with everyone weighing in on the subject from...more
In a recent trail blazing move, Boston’s Mayor Martin J. Walsh signed an ordinance establishing paid parental leave for city employees. This ordinance distinguishes Boston — known for some other revolution-inducing tactics —...more
Employees of federal contractors, who previously have dwelled silently – and often unknowingly – in the gender and race pay chasm, may soon have a new tool to help them build a bridge across the gap....more
In our last post, we summarized the 2011 Specialty Healthcare decision and the potential for the NLRB to recognize an unduly burdensome number of smaller collective bargaining units. So far, cases interpreting Specialty...more
Is it ever too early for a startup business to consider the potential impact of unionized labor on future operations? According to a line of cases stemming from a groundbreaking 2011 National Labor Relations Board (NLRB)...more
The question – or controversy, depending on who you talk to – about the propriety of “micro-units” or “micro-unions” has been a pressing issue for employers since the National Labor Relations Board issued its Specialty...more