Peter Stergios at McCarter & English, LLP

The Coronavirus: Up-To-Date Guidance For Employers

Now that cases of the coronavirus disease (dubbed “COVID-19” by the World Health Organization) have been diagnosed in several states, businesses are increasingly encountering a variety of employment-related issues. Here are...more

3/9/2020 / Best Practices , Coronavirus/COVID-19 , Employer Liability Issues , Health and Safety , Infectious Diseases , Policies and Procedures , Public Health , Traveling Employee , Workplace Safety

Confidentiality, E-mail, And Dues: NLRB Reverses Three Major Obama-Era Rulings

With a steady decline in private sector unionization and a lack of political muscle to change the National Labor Relations Act (“Act”), organized labor in the Obama era relied heavily on decisional rulings from the National...more

1/2/2020 / Confidentiality Policies , Email , Employer Liability Issues , Employment Policies , NLRA , NLRB , Union Dues , Union Organizers , Unions , Workplace Investigations

NLRB Expands Employer Rights To Limit Activities Of Non-Employee Union Organizers

Since 1982, the National Labor Relations Board (“NLRB” or “Board”) has interpreted the National Labor Relations Act (“NLRA”) to prohibit employers from denying non-employee union organizers access to those parts of the...more

7/1/2019 / Access to Employer Facilities , NLRA , NLRB , Union Organizers , Unions

Dealing With A Divided Workforce: NLRB Clarifies Standard For Treating Union And Nonunion Workers Differently

Under the National Labor Relations Act (NLRA), groups of employees are allowed to determine whether they wish to be represented by a union for purposes of collective bargaining, which sometimes results in businesses having...more

5/17/2019 / Administrative Law Judge (ALJ) , Collective Bargaining , NLRA , NLRB , Unions

Second Circuit Upholds NLRB Ruling That Employer’s “No Recording” Policy Violated National Labor Relations Act

Employers need to be mindful about policies prohibiting employees from recording or videotaping in the workplace, as such rules, if not drafted carefully, may run afoul of the National Labor Relations Act (the Act). This...more

6/14/2017 / Audio Recording , Employee Rights , NLRA , NLRB , Protected Activity , Video Recordings , Whole Foods

Appeals Court Upholds USDOL’s New Minimum Wage and Overtime Rules for Home Care Workers Employed by Home Health Care Agencies

Reversing a decision celebrated by employers in the home care industry, the U.S. Court of Appeals has ruled that home health care agencies must comply with the U.S. Department of Labor’s (“DOL”) 2013 domestic service...more

9/3/2015 / Appeals , Companionship Exemptions , Department of Labor (DOL) , Fair Labor Standards Act (FLSA) , Home Health Agencies , Home Healthcare Workers , Minimum Wage , Over-Time , Recordkeeping Requirements , Third-Party Service Provider , Wage and Hour

Just in Time for Labor Day – Employees You Didn’t Know Were Yours

The National Labor Relations Board (“NLRB”) on August 27, 2015, issued a sweeping decision that overturned decades of precedent and created a new standard for determining when two (or more) entities are “joint employers” for...more

9/1/2015 / Collective Bargaining , Employer Liability Issues , Franchise Agreements , Franchises , Hiring & Firing , Joint Employers , Master Service Agreement , NLRA , NLRB , Staffing Agencies , Subcontractors , Supervision , Terms and Conditions , Wages

New Jersey enacts “Ban-the-Box” law, limiting inquiries about criminal history during first phase of hiring process

New Jersey has enacted a law prohibiting employers with 15 or more employees from asking about a job applicant’s criminal history until after a first interview, unless the employee voluntarily discloses criminal history...more

8/19/2014 / Ban the Box , Criminal Background Checks , Employee Rights , Job Applicants

Peter Stergios

McCarter & English, LLP

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