Jason Finkelstein

Jason Finkelstein

Cole Schotz

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The EEOC Announces Final Rules Governing Employer Wellness Programs

The United States Equal Employment Opportunity Commission (“EEOC”) issued final rules yesterday establishing how employer-sponsored wellness programs can comply with the Americans with Disabilities Act (“ADA”) and the Genetic...more

5/18/2016 - ADA EEOC GINA HIPAA Wellness Programs

New Employee Wage and Benefits Legislation That All New York State Employers Must Know

On April 4, 2016, Governor Andrew Cuomo signed legislation in connection with New York’s 2016-2017 budget that will impact employers large and small throughout the State. In addition to annual increases to the minimum wage...more

4/29/2016 - Governor Cuomo Minimum Wage New Legislation Paid Leave Wage and Hour

Third Circuit Decides Two Precedential Employment Cases to Close Out November 2015

Over a span of two weeks at the end of last month, the Third Circuit Court of Appeals issued two key opinions concerning oft-scrutinized areas of employment law — rights attendant to employer-employee relationships and...more

12/9/2015 - FLSA Joint Employers Rest and Meal Break Staffing Agencies Temporary Employees Title VII

A New Arrow in the Quiver for Physicians Facing Dual Civil and Criminal Fraud Investigations

At a time when doctors face increased pressure from competition, reduced fee schedules, and greater scrutiny from insurance company Special Investigative Units (“SIUs”) and State Office of Insurance Fraud Prosecutors...more

12/1/2015 - Admissible Evidence Confrontation Clause Criminal Investigations Healthcare Fraud Insurance Fraud Physicians SCOTUS Sixth Amendment

NJ Developer Gets Green Light for Antitrust Suit as Rival Supermarket Owner Seeks to Block Wegmans

The Third Circuit Court of Appeals issued a precedential opinion last week when it ruled that a New Jersey real estate developer had standing to pursue antitrust claims against the owner of a nearby ShopRite who engaged in...more

11/18/2015 - Anti-Competitive Antitrust Violations Building Permits Commercial Property Owners Grocery Stores Noerr-Pennington Doctrine Real Estate Development Standing

New York Labor Law Wage Deduction Amendments Extended Through 2018

On the eve of November 6, 2015 expiration date, New York Governor Andrew Cuomo signed legislation earlier this week (Assembly Bill A07594/S05623) extending the effective date for the expanded list of permissible wage...more

11/6/2015 - Governor Cuomo Wage Deductions Wages

New Jersey Commercial Landlord Finds Loophole in Lease to Avoid Tenant Exclusivity Restrictions

On October 21, 2015, the New Jersey Appellate Division affirmed a trial court ruling that a South Jersey landlord did not violate a coffee-related exclusivity provision in its lease with Starbucks when it subsequently rented...more

10/29/2015 - Attorney's Fees Commercial Leases Contract Disputes Contract Terms Exclusivity Clauses Landlords McDonalds Retailers Shopping Centers Starbucks

NLRB Establishes New “Indirect Control” Standard to Define Joint Employer Status

On August 27, 2015, in the case of Browning-Ferris Industries of California, Inc., et al. v. Sanitary Truck Drivers and Helpers Local 350, et al., the National Labor Relations Board (“NLRB”) adopted a new “indirect control”...more

9/2/2015 - Browning-Ferris Industries of California Inc. Franchises Joint Employers NLRA NLRB Staffing Agencies Temporary Employees

NYC Becomes The Latest Major City To Pass “Ban the Box” Legislation

New York City passed the Fair Chance Act last week, making it the latest of a growing number of states, counties and cities across the country to bar employers from inquiring about job applicants’ criminal histories during...more

6/18/2015 - Ban the Box Conditional Job Offers Criminal Background Checks Fair Chance Act Hiring & Firing Job Applicants New Legislation Screening Procedures

The DOL Adopts New FMLA Protections for Same-Sex Couples

On Wednesday, February 25, 2015, the United States Department of Labor (“DOL”) finalized a rule expanding the scope of protections afforded under the Family and Medical Leave Act (“FMLA”) to married same-sex couples....more

3/4/2015 - DOL Employee Rights Final Rules FMLA

Paid Sick Leave Continues to Gain Traction in New Jersey

Last week, Trenton and Montclair became the latest in a series of New Jersey municipalities to pass paid sick leave ordinances, joining East Orange, Irvington, Jersey City, Newark, Passaic and Paterson. Under both the...more

11/12/2014 - Employee Rights Paid Leave Sick Leave

New Jersey’s “Ban the Box” Legislation Signed Into Law

Last week, New Jersey Governor Chris Christie signed the Opportunity to Compete Act (Bill S2124) into law, thereby barring New Jersey employers from inquiring about job applicants’ criminal histories during the preliminary...more

8/21/2014 - Background Checks Ban the Box Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants New Legislation

New Jersey Senate Bill Aimed at Protecting Job Applicants With Criminal History

Earlier this month, the New Jersey State Senate Budget and Appropriations Committee advanced a bill seeking to bar employers from inquiring about the criminal history of job applicants during initial interviews and on job...more

6/27/2014 - Background Checks Criminal Background Checks Hiring & Firing Interviews Job Applicants Pending Legislation

Attention New York City Employers: New Unpaid Intern Protections to Take Effect June 2014

As we previously posted on April 16, 2014 (click here), the recently-passed “unpaid intern” amendments to the New York City Human Rights Law (the “NYCHRL”) will become effective this weekend on June 14, 2014. The timing of...more

6/13/2014 - Employer Liability Issues Internships NYCHRL Unpaid Interns

New Jersey State Senate Supports Bill Protecting Against Unemployment Bias

Earlier this week, the New Jersey State Senate advanced a bill (by a vote of 23-13) aimed at protecting unemployed New Jersey job seekers. The proposed language of bill S1440 would prevent employers from discriminating...more

5/19/2014 - Employer Liability Issues Hiring & Firing Proposed Legislation Unemployment Unemployment Discrimination

Second Circuit Weighs In On Tort Litigation During Pending EEOC Proceeding

Last week, the Second Circuit Court of Appeals ruled that a plaintiff’s filing of a charge of discrimination with the United States Equal Employment Opportunity Commission (“EEOC”) does not toll the statute of limitations for...more

3/17/2014 - EEOC Employer Liability Issues Gender Discrimination Statute of Limitations

U.S. Supreme Court Clarifies Meaning of Compensable Donning and Doffing

On January 27, 2014, the United States Supreme Court clarified the meaning of “changing clothes” under the Fair Labor Standards Act’s (“FLSA”) donning and doffing protections....more

2/7/2014 - Collective Bargaining Doffing Donning FLSA Protective Gear Sandifer v U.S. Steel Corp SCOTUS Unions

New Jersey Appellate Court Upholds Restrictions on Employer Job Postings

In a case of first impression, the New Jersey Appellate Division recently upheld the constitutionality of a New Jersey statute that bars employers from publishing job postings requiring that applicants be currently employed...more

1/13/2014 - Compliance Employer Liability Issues Employment Application First Amendment Job Applicants

New Jersey Social Media Privacy Bill Signed Into Law

On Thursday, August 29, 2013, New Jersey’s Governor Christopher Christie signed bill A-2878 into law. This law places New Jersey in line with the growing trend of states restricting employers’ ability to require job...more

9/5/2013 - Chris Christie Employee Rights New Legislation Passwords Privacy Laws Social Media

United States Supreme Court Issues Two Employer-Friendly Decisions With Far-Reaching Impact in Employee Harassment Cases

On June 24, 2013, the United States Supreme Court issued two employer-friendly opinions that substantially narrow potential liability for claims of supervisor misconduct and retaliation under Title VII of the Civil Rights Act...more

7/17/2013 - Civil Rights Act Discrimination Employer Liability Issues Harassment Race Discrimination Retaliation SCOTUS Supervisors Title VII UT Southwestern Medical v Nassar Vance v. Ball State University Willful Misconduct

Employers Beware: Unpaid Internships May Result in Labor Law Violations

In the throes of summer internship season, the Honorable William H. Pauley, III, of the United States District Court for the Southern District of New York, issued a recent opinion that will leave many employers revisiting...more

6/25/2013 - DOL FLSA Fox Searchlight Pictures Minimum Wage Unpaid Interns Wages

Governor Vetoes New Jersey Minimum Wage Bill Tied to Consumer Price Index

This past week, New Jersey’s Governor Christopher Christie vetoed a new minimum wage bill (A2162) that had been previously passed by the State’s Legislature. This legislation had proposed increasing New Jersey’s minimum wage...more

2/1/2013 - Consumer Price Index Minimum Wage

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