The holiday shopping season is known for its long lines, steep sales and mall traffic jams, but it also prompts retailers and other businesses to hire a wave of temporary, seasonal employees to increase staffing levels during...more
New Jersey employers traditionally must provide certain information about new hires (name, address, date of birth, and social security number) and the company (name, address, and federal tax ID) to the State Department of...more
Traditionally, New Jersey employers have been free to challenge erroneous unemployment benefit charges even if the error was a result of the employer’s untimely or inaccurate response to the Department of Labor’s request for...more
This summer, Ohio Gov. John Kasich signed into law "SharedWork Ohio," an initiative designed to help workers and employers alike by preventing layoffs. The "SharedWork Ohio" program gives Ohio employers new flexibility to...more
A Pennsylvania man lost his job in September 2012 and is now without unemployment compensation. Why? He called his boss a "clown."...more
In 2011, Congress passed the Unemployment Insurance Integrity Act (Act) as part of the Trade Adjustment Assistance Extension Act of 2011 (TAAEA). While the TAAEA was primarily concerned with extending retraining assistance...more
Florida law requires employers to post certain state labor law posters in languages other than English. Employers must prominently display a poster notifying employees of the state minimum wage in both English and Spanish....more
On August 29, 2013, the Commonwealth Court of Pennsylvania—an intermediate appellate court—affirmed an Unemployment Compensation Board of Review (UCBR) decision that an employee was entitled to unemployment compensation (UC)...more
Jeff Leach (LRM associate and Texas House Representative), helped us recap 5 bills of critical interest to you and your business passed in the last Session.
DRUG TESTING FOR UNEMPLOYMENT BENEFITS (SB 21) -
The New Jersey Assembly recently introduced a bill (A3970) which if enacted, would eviscerate New Jersey employers’ abilities to enforce reasonable noncompetition agreements, nonsolicitation agreements, and non-disclosure...more
New Jersey’s unemployment compensation law has always disqualified individuals from collecting unemployment benefits if they were fired for engaging in misconduct. However, the misconduct standard recently and significantly...more
In part one of this two-part series, “The Advantages of Offering Supplemental Unemployment Benefits Instead of Severance, Part I: FICA Taxes and More,” I reviewed the advantages of offering supplemental unemployment benefits...more
According to the Internal Revenue Service (IRS), severance is subject to Federal Insurance Contribution Act (FICA) tax and certain supplemental unemployment benefits are not....more
Tuxis Ohr’s Fuel Inc. v. Administrator, Unemployment Compensation Act, No. 18791 (July 30, 2013): The Connecticut Supreme Court recently addressed whether an employee who lost his commercial driver’s license for driving under...more
The Louisiana 2013 Regular Legislative Session closed on June 6, 2013.
1. the Louisiana employment discrimination law relative to veterans (La. R.S. 23:331);
2. the Louisiana Equal Pay for Women Act (La. R.S. 23:661...more
One day, your human resources manager comes to you. She tells you that an employee lost his commercial driver’s license because he was caught — off the job — driving drunk....more
In Mississippi, a person’s receipt of unemployment compensation is based on the reason(s) that their prior employment ended. Typically, the Mississippi Department of Employment Security will deny unemployment compensation...more
A recent Missouri case demonstrates the importance of documentation when defending against unwarranted unemployment claims. The case also underlines the need for the reforms passed by the Missouri General Assembly and pending...more
This comprehensive reform aims to introduce more flexibility and security into the employment market.
On June 14, France's law for labor market reform (referred to as the "Law for the security of employment" or "Loi de...more
The Arizona Court of Appeals recently issued an opinion overturning the Unemployment Insurance Appeals Board’s denial of unemployment benefits to an employee who was terminated for excessive tardiness. ...more
Currently pending in the New Jersey State Legislature is a bill that, if passed, would invalidate any covenant, contract or agreement not to compete, not to disclose or not to solicit, entered into by any individual with the...more
Litigation Value: None.
I think The Office gods have been reading my blog entries and decided that they’d give me an hour-long episode with very few legal issues....more
A bill introduced in the New Jersey Legislature on April 4, 2013, Assembly Bill 3970, seeks to prohibit enforcement of agreements restricting departing employees from competing, disclosing confidential information, or...more
In January, I discussed Maryland's proposed Senate Bill 51, which (if passed) would ban certain non-compete agreements if an employee was deemed eligible to receive unemployment benefits....more
New Jersey legislators have proposed making a variety of post-employment restrictive covenants unenforceable where the employee is eligible for unemployment benefits. Many high-level sales employees and employees with...more