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Double Trouble: The FTC and DOL Team up Ban Non-Competes and Crackdown on Overtime Nationwide

While the return of spring is a happy time for baseball fans, employers may be feeling a little less festive this April. Companies across the U.S. have been bracing for two significant regulations that were expected to be...more

Biden Department of Labor Rolls out (Yet Another) “Independent Contractor” Legal Standard

Biden Department of Labor Rolls out (Yet Another) “Independent Contractor” - Legal Standard Misclassifying an employee as an independent contractor can have significant ramifications for a business, particularly in terms...more

Handbooks Under Scrutiny: The NLRB Makes Things Harder for Employers (Again)

Over the past decades, standards for profanity, inappropriate social media use, and other workplace issues commonly addressed in employee handbooks have changed along with the political makeup of the National Labor Relations...more

New York City Set to Ban Discrimination in Employment Based on Weight and Height

If all goes to plan, New York City will soon join six other cities and a state that have enacted legislation banning employers from discriminating against applicants and employees on the basis of their height or weight. Such...more

Federal Trade Commission Proposes a Nationwide Ban on Non-Compete Agreements

​​​​​​​A huge change could be coming to the enforceability of non-compete agreements—and it might be very bad news for employers who rely on such agreements to protect their businesses. On January 5, 2023, the Federal Trade...more

Here We Go Again: NLRB Proposes to Re-Re-Define the Joint Employer Test

​​​​​​​For the third time in less than ten years, the National Labor Relations Board (“NLRB”) stands ready to alter the “Joint Employer” test. Its stated motive this time is to provide a “clear standard for defining joint...more

Waiving Goodbye: Supreme Court Says Prejudice No Longer Required to Establish Employer Waived Right to Arbitrate Employee’s Claims

Employers sometimes favor resolving disputes with their employees in arbitration as opposed to in front of a jury. Such a private tribunal may streamline discovery procedures, offer a quicker resolution, and, theoretically,...more

[Event] HR Legalist Live Presents: Remote Work, Wages, Marijuana and More: Tips for Navigating the New Workplace - June 15th,...

Join our labor and employment team on Wednesday, June 15, 2022, at noon, as they bring their popular blog HR Legalist to life. As the dust continues to settle after a tumultuous two years, the modern workplace has been...more

States Turn to Greener Pastures: What This Means for Cannabis and the Workplace

Last month, New Jersey joined the budding list of states to legalize recreational cannabis. In fact, as of this post, only three remaining states do not permit either recreational or medical cannabis use (with the federal...more

New Jersey Supreme Court Could Upend The State’s Real Estate Industry

The notorious “ABC” test continues to rear its head across the nation. This strict, worker-friendly test that is used to determine whether a worker is properly classified as an independent contractor as opposed to an employee...more

California’s Struggle With Its “ABCs” Continues

In January of 2020, California enacted a new law that codifies a strict test for determining if workers are independent contractors or employees and thereby entitled to minimum wage, overtime, and various other benefits. ...more

The Supreme Court of Pennsylvania Takes Significant Step To Remove “Employers” From The List Of Species Protected from Poachers

Thanks to a recent ruling by the Supreme Court of Pennsylvania, workers in the Commonwealth are now more likely to be considered “fair game” to other potential employers, even in the presence of an agreement otherwise between...more

Biden-Harris Administration UPDATE: What to Look Out for in the Upcoming Weeks and Months

March 2021 has been a busy month in Washington, D.C.  In addition to the passage of the American Rescue Plan (which includes tax updates relevant to employers), there have been three notable developments in the labor and...more

Federal Court Fires a WARNing Shot at Employer Over COVID-related Layoffs on Short Notice

Under the Worker Adjustment and Retraining Notification Act of 1988 (“WARN Act”), employers with more than 100 employees are generally required to provide a minimum of sixty (60) days’ notice prior to a plant closing or mass...more

The Pendulum is Officially Swinging: Biden’s Early Changes and How They May Impact Employers

As HR Legalist predicted, President Biden is taking steps to swing the pendulum in an employee-friendly direction. While implementing substantive changes may take some time in light of the administrative procedures required,...more

Transition Update: A Look at President Biden’s Plans for Sick Pay and Minimum Wage

Newly inaugurated President Joe Biden recently outlined his plans to hit the ground running in his first 100 days in office, including a $1.9 trillion spending bill that he hopes the Democrat-controlled Congress will pass...more

Political Speech in the Workplace: Navigating a Rocky Political Climate in a Private Workplace

Recent events in Washington D.C. and elsewhere have heightened tensions across the United States and led to renewed questions from employees and employers regarding how to respond to political speech inside (and outside) the...more

The Journey to $15.00 Minimum Wage

On Friday, January 1, 2020, New Jersey’s minimum wage increased to $12.00 per hour, pursuant to the bill that had been executed by Governor Phil Murphy back in 2019. The long-term purpose of this law is to gradually increase...more

Providing COVID-19 Leave In 2021: It’s An Option

On December 27, 2020, President Trump signed the Consolidated Appropriations Act, providing funding for the government as well as COVID-19 relief. Among other provisions relevant to businesses (summarized here), the...more

Freelancing During the Biden Administration: Will the “ABC” Test Go Federal?

Fourth in a Series of Blogs Regarding the Presidential Transition - On January 1, 2020, AB-5 went into effect in California. The law, which had gig workers such as Uber and Lyft drivers squarely in its sights, sought to...more

Paid Leaves Happen in Philadelphia: New Amendment Requires Additional COVID-19 Emergency Leave to Employees

Philadelphia Mayor Jim Kenney recently signed an amendment to Philadelphia’s paid sick leave law, which provides paid leave to workers not already covered by the Families First Coronavirus Response Act (“FFCRA”). Companies...more

Who’s the Boss? The Joint Employer Tug-Of-War Continues

The “joint employer” test, which determines which organizations are liable for employee discrimination, wage and hour, and labor law claims, has in many ways resembled a game of legal “Whack-A-Mole” over the years.  Indeed,...more

Trump’s Payroll Tax Delay: A Conundrum for Employers

On August 8, 2020, President Trump signed a presidential memorandum deferring certain payroll tax obligations for employees from September 1 through December 31, 2020. The memo permits employees to defer payment of the 6.2%...more

ICYMI: “Don’t Panic, Be Prepared: Coronavirus and the Workplace” [Video]

Please note that this is a developing area of law, concerning unprecedented public health challenges. This webinar includes the most up-to-date information available as of the date of the presentation. However, laws and best...more

Arbitration Update: Federal Judge Prohibits California’s Mandatory Employee Arbitration Ban

As previously covered here, the California Legislature has long been searching for a way to prevent employers from requiring prospective employees to sign arbitration agreements as a condition of employment without running...more

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