John Sarno

Threats to Fire Workers Raise Legal Issues Under Healthcare Law

As major restaurant chains such as Papa John’s and Applebee’s threaten to fire workers or reduce their hours rather than provide affordable coverage under the Affordable Care Act in 2014, it is unclear what remedies,…more
| Labor & Employment Law, Health

N.J. Card-Check Law Violates Employer's Free Speech

Among other things, New Jersey's "card-check" law amends the New Jersey Employer-Employee Relations Act by expanding the authority of the N.J. State Board of Mediation to determine when a laborlllion represents a majority…more
| Labor & Employment Law

Nondiscrimination in Health Care Plans Based on Smoking

Currently, the Health Insurance Portability and Accountability Act (HIPAA) allows a health care plan to offer a reward to nonsmokers up to 20 percent of the total cost of employee-only coverage under an employer-sponsored group…more
| Labor & Employment Law, Health

Constitutionality of the Health Mandate and its Consequences

Regardless of whether the U.S. Supreme Court declares the individual mandate to purchase health insurance constitutional or not, health care costs for employers will go up, leaving the states to continue reforming the small…more
| Constitutional Law, Health

Employer Liable for Firing Employees Using Facebook

In the first ruling of its kind, a National Labor Relations Board (NLRB) Administrative Law Judge (ALJ) has found that a Buffalo nonprofit organization unlawfully discharged five employees after they posted comments on Facebook…more
| Labor & Employment Law, Privacy

The NLRA Poster and the First Amendment

On August 30, 2011 the National Labor Relations Board (Board) has issued a Final Rule that will require employers to notify employees of their rights under the National Labor Relations Act (the “Act”) as of November…more
| Constitutional Law, Labor & Employment Law

When Employees Tape Record Conversations with Supervisors

What happens when employees tape record conversations with supervisors? While employer can fire disloyal employees there are some big risks…more
| Labor & Employment Law

Reasonable Break Time for Nursing Mothers Required

The Affordable Care Act has amended the Fair Labor Standards Act and requires employers to give reasonable break times to nursing mothers and provide a clean, private place to express breast milk at work…more
| Labor & Employment Law

When Employee Disloyalty is Protected by Law

Two N.J. Supreme Court decisions encourage employees to be disloyal in a high-risk litigation game…more
| Labor & Employment Law

Employers' Guide to Disparate Treatment Litigation

Practical advice for employers on the burdens of proof in Title VII and ADA cases…more
| Labor & Employment Law

EEOC Targets Religious Discrimination in the Workplace

3,386 charges alleging religious discrimination were filed with the EEOC in 2009, slightly more than the prior year, although the agency found no probable cause, in about 6 of 10. Nevertheless, the agency has filed some high…more
| Labor & Employment Law

Report Says HR Expected to Know About Health Care Reform

As of mid-year 2010, half of surveyed HR professionals said their organizations had taken steps to respond to the comprehensive health care reform legislation enacted in March 2010, despite a continuing lack of clarity on many…more
| Labor & Employment Law, Health
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