While the return of spring is a happy time for baseball fans, employers may be feeling a little less festive this April. Companies across the U.S. have been bracing for two significant regulations that were expected to be...more
4/24/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Contract ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
Over the past decades, standards for profanity, inappropriate social media use, and other workplace issues commonly addressed in employee handbooks have changed along with the political makeup of the National Labor Relations...more
As previously covered by HR Legalist, the National Labor Relations Board’s (“NLRB”) recent decision in McLaren v. Macomb ushered in a significant crackdown on non-disparagement and confidentiality provisions in employee...more
Last week, the National Labor Relations Board (NLRB) issued a Decision and Order that fundamentally alters the legality of nondisparagement and confidentiality clauses in employee severance agreements. ...more
While the Fall of 2022 marked the return of many employees to the physical workplace, the labor and employment landscape has changed significantly since the COVID-19 pandemic began. In this lunchtime program, our labor &...more
Thanks to a recent ruling by the Supreme Court of Pennsylvania, workers in the Commonwealth are now more likely to be considered “fair game” to other potential employers, even in the presence of an agreement otherwise between...more
Under the Worker Adjustment and Retraining Notification Act of 1988 (“WARN Act”), employers with more than 100 employees are generally required to provide a minimum of sixty (60) days’ notice prior to a plant closing or mass...more
Please note that this is a developing area of law, concerning unprecedented public health challenges. This webinar includes the most up-to-date information available as of the date of the presentation. However, laws and best...more
The “gig economy” has prompted a nationwide debate about which workers should be deemed employees (and therefore entitled to certain rights and benefits under labor and employment laws) as opposed to independent contractors. ...more
6/6/2019
/ Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Lyft ,
Misclassification ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Policy Memorandums ,
Uber ,
Unfair Labor Practices ,
Wage and Hour
Employees who claim that they were discriminated against or retaliated against by their employer typically must prove that the employer was substantially motivated by their membership in a protected class (such as race,...more
5/10/2019
/ Amazon ,
Artificial Intelligence ,
Bias ,
Corporate Counsel ,
Disparate Impact ,
Employer Liability Issues ,
Employment Discrimination ,
Human Resources Professionals ,
Protected Activity ,
Protected Class ,
Protected Concerted Activity ,
Retaliation ,
Wage and Hour
On March 18, 2019, New Jersey Governor Phil Murphy signed a bill into law, amending the New Jersey Law Against Discrimination (NJLAD) to prohibit nondisclosure agreements (NDAs) in employment contracts and settlement...more
3/25/2019
/ Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Governor Murphy ,
Harassment ,
NJLAD ,
Non-Disclosure Agreement ,
Retaliation ,
Settlement Agreements
Shortly after New Jersey passed a substantial minimum wage increase, the state legislature remains busy, and a series of other employment laws are making their way through the state Assembly and Senate. On February 8, 2018,...more
In a groundbreaking decision published on November 21, 2018, the Pennsylvania Supreme Court held, for the first time, that employers must exercise reasonable care to safeguard employee personal information stored on an...more
A spate of new state and local regulations is making it tougher to be an employer in the City That Never Sleeps. As previously covered by HR Legalist, new requirements for sexual harassment policies went into effect across...more
Some employers require employees to enter into non-competition agreements at the time of hire, preventing them from competing with their employer during employment and during a certain time period after their employment ends....more
On May 3, 2018, New Jersey became the tenth state to require employers to provide their employees with paid sick leave. The new legislation, which will go into effect on October 29, 2018, preempts existing paid sick leave...more
Marijuana legalization can have a direct and listing impact on employers; particularly, those with drug-free workplace policies. Employers can be placed in a difficult position of trying to enforce these policies, while...more
On March 7, 2018, the United States Court of Appeals for the Sixth Circuit reversed the dismissal of a gender identity discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC) against a Michigan...more
3/13/2018
/ Appeals ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Freedom of Religion ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Religious Freedom Restoration Act (RFRA) ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII
The recently enacted Tax Cuts and Jobs Act (the Act) has been touted as the largest tax reform since 1986. Among its many provisions, the Act adds a new section to the Internal Revenue Code (Section 162(q)) targeting...more
The Fair Labor Standards Act (“FLSA”) mandates the payment of minimum wage and overtime to employees in most US workplaces. However, when it comes to unpaid educational internships, the FLSA does not include a helpful...more
This past Sunday, actress Alyssa Milano posted the following message on Twitter:
Me too. Suggested by a friend: “If all the women who have been sexually harassed or assaulted wrote ‘Me too.’ ...more
The Fair Labor Standards Act (FLSA) requires that employers pay time-and-a-half overtime to all non-exempt employees who work more than 40 hours in a workweek. Employers who fail to pay overtime may be liable for both the...more
The end of August marks the beginning of the yearly “back to school” ritual. Working parents in particular are hoping for a smooth transition, as this is also the time of year when vacations end and workloads tend to pick...more
On Tuesday, the U.S. Court of Appeals for the Seventh Circuit made history by extending the protections of Title VII of the Civil Rights Act of 1964 to LGBT individuals in the workforce when it held that “discrimination on...more
Spring is beginning to bloom and for many of us this means taking time to stop and smell the flowers. However, those delightful smells of spring can trigger annoying and sometimes painful physical reactions for many who...more