On August 18, New Jersey Governor Phil Murphy signed into law S315 (22R), which aims to protect employment and wages and benefits during changes in control at health care facilities. When a change in control occurs, the...more
Summary -
In a case of first impression, a judge of the Essex County Superior Court held that the Federal Arbitration Act (FAA) no longer preempts Section 12.7 of the New Jersey Law Against Discrimination (LAD)—which...more
The U.S. Supreme Court has once again confirmed that the Federal Arbitration Act (FAA) preempts incompatible state laws that preclude contracting parties from controlling which claims are subject to arbitration. Ruling in...more
6/20/2022
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Employment Litigation ,
Federal Arbitration Act ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
Viking River Cruises Inc v Moriana
The Consumer Financial Protection Bureau (CFPB) issued a Request for Information (RFI) regarding employer-driven debt. Specifically, the CFPB is interested in “debt incurred to an employer or an associated entity, taken on in...more
In May 2022, Colorado legislators passed a law that bans employee non-compete clauses for workers making less than six figures annually. Governor Jared Polis (D) signed the bill into law on June 8, 2022, giving it an...more
For the second time in two weeks, the U.S. Supreme Court has ruled against a company seeking to compel individual arbitration of Fair Labor Standards Act (FLSA) collective action claims. In Southwest Airlines Co. v. Saxon,...more
Summary Shortly after requesting an accommodation for his disability, an employee was terminated for violating company policy. But because the policy at issue was vague, ever-evolving, and inconsistently enforced, the Utah...more
On February 1, 2022 National Labor Relations Board General Counsel Jennifer Abruzzo announced an initiative to seek injunctions under Section 10(j) of the National Labor Relations Act in cases “where workers have been subject...more
The federal Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act) officially took effect this week on December 20, 2021. The law was signed two years ago as Section 1123 of the National Defense Authorization Act for...more
A three-judge panel for the United States Court of Appeals for the First Circuit affirmed the lower court’s order denying plaintiffs’ motion for a preliminary injunction against Maine’s Covid-19 vaccine mandate requiring...more
On September 23, 2021, the U.S. Department of Labor (DOL) published a final rule announcing when it will assess civil money penalties (CMPs) against employers who retain tips earned by their workers. Under the rule,...more
On September 15, 2021, the National Labor Relations Board (NLRB)’s General Counsel instructed regional offices to take a more aggressive stance in settlement negotiations in unfair labor practice cases, seeking broader...more
On June 24, 2021, the U.S. House of Representatives voted to overturn a formal rule that imposed heightened information sharing requirements on the Equal Employment Opportunity Commission (“EEOC”) during the EEOC’s...more
A federal judge in Colorado has upheld the enforceability of Colorado’s pay transparency law, despite vigorous challenges from the business community. As previously reported here, in November 2020, Colorado passed sweeping...more
On April 21, 2021, the National Labor Relations Board (“Board” or “NLRB”) voted to keep in place its long standing rule limiting when workers can try to remove an existing union from the workplace or bring in another – the...more
On March 22, 2021, the U.S. Senate confirmed the Presidential nomination of Boston mayor Marty Walsh as Secretary of the Department of Labor. The vote was 68 to 29, demonstrating bipartisan support....more
Ballard Spahr attorneys Meredith Dante and Steve Suflas summarize developments at the National Labor Relations Board (NLRB) put in place by the Biden Administration. Meredith and Steve discuss the challenges Non-union and...more
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Within his first week on the job, the newly appointed Acting General Counsel of the National Labor Relations Board, Peter Sung Ohr, rescinded 10 General Counsel Memoranda issued by his predecessor that provided...more
The Equal Employment Opportunity Commission (EEOC) has updated its guidance entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” in view of the recent development and pending...more
The Colorado Department of Labor and Employment adopted final regulations regarding equal pay transparency under the state’s Equal Pay for Equal Work Act (EPEWA) on November 10, 2020. The earlier proposed regulations...more
The Colorado Department of Labor and Employment issued proposed regulations regarding equal pay transparency under Colorado’s Equal Pay for Equal Work Act (EPEWA), which goes into effect January 1, 2021....more
This alert incorporates the guidance issued by the Equal Employment Opportunity Commission (EEOC) on March 19, 2020, in its publication on “Pandemic Preparedness in the Workplace and Americans with Disabilities Act,” and...more
9/14/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Guidance Update ,
Infectious Diseases ,
New Guidance ,
Reasonable Accommodation ,
Rehabilitation Act ,
Title VII ,
Workplace Safety
On July 14, 2020, Governor Jared Polis signed into law the Healthy Families and Workplace Act (HFWA), and Colorado joined the growing number of states and cities that require employers to provide paid sick leave. Many...more
This alert incorporates the guidance issued by the Equal Employment Opportunity Commission (EEOC) on March 19, 2020, in its publication on “Pandemic Preparedness in the Workplace and Americans with Disabilities Act,” and...more
This alert incorporates the guidance issued by the Equal Employment Opportunity Commission (EEOC) on March 19, 2020, in its publication on “Pandemic Preparedness in the Workplace and Americans with Disabilities Act,” and...more