In a win for employers, on March 15, 2023, the U.S. Court of Appeals for the Third Circuit held that paid time off (PTO) does not constitute salary for purposes of the Fair Labor Standards Act (FLSA)....more
On September 6, 2022, the National Labor Relations Board (NLRB or Board) issued a Notice of Proposed Rulemaking (NPRM) that would significantly broaden the standard for determining whether two employers are joint employers...more
On August 29, 2022, the National Labor Relations Board (NLRB or Board) reaffirmed employees’ right to don union insignia in the workplace and found that Tesla, Inc., the electric vehicle manufacturer, violated federal labor...more
Eliminating any remaining doubt as to whether the Emergency Use Authorization (or EUA) status of approved COVID-19 vaccines bars private employers from implementing mandatory COVID-19 vaccination policies, on July 6, 2021,...more
In a first-of-its-kind decision issued on October 29, 2020, the Pennsylvania Commonwealth Court held that Pennsylvania’s Medical Marijuana Act (MMA) did not require a nursing school to accommodate a student’s use of medical...more
12/4/2020
/ Corporate Counsel ,
Disability Discrimination ,
Drug Testing ,
Educational Institutions ,
Employer Liability Issues ,
Medical Marijuana ,
Nurses ,
Reasonable Accommodation ,
State and Local Government ,
Statutory Interpretation ,
Students
In an August 28, 2020, opinion, a sharply divided panel of the U.S. Court of Appeals for the Third Circuit joined a growing consensus of federal appellate courts in recognizing the good-faith defense to claims of restitution...more
On April 23, 2020, the U.S Equal Employment Opportunity Commission (EEOC) published updates to the Frequently Asked Questions (FAQ) that it originally published on March 17, 2020, to address COVID-19 issues. ...more
In an unpublished, non-precedential, first-of-its-kind decision in New Jersey, a federal district court held that New Jersey employers are not required to accommodate an employee’s use of medical marijuana under the New...more
In a July 3, 2018, opinion based in part on the revelations of the “Me-Too” era, the U.S. Court of Appeals for the Third Circuit held that an employee’s failure to report sexual harassment over a period of several years was...more
On June 27, 2018, the U.S. Supreme Court announced its much-anticipated decision in Janus v. AFSCME, (June 27, 2018), overruling Abood v. Detroit Board of Education, 431 U.S. 209 (1977), holding that mandatory “agency” or...more
6/28/2018
/ Appeals ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Non-Union ,
Payroll Deductions ,
Public Sector Unions ,
Reversal ,
SCOTUS ,
Stare Decisis ,
Union Dues
New Jersey recently enacted two important pieces of legislation that meaningfully alter the legal landscape for employers. These bills, which passed by overwhelming majorities in both the New Jersey Assembly and Senate and...more