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Key takeaways from the retail buzz coffee chat with the Hogan Lovells NY team

On 24 January 2023, the Hogan Lovells New York Retail Team hosted a coffee chat webinar discussing cross-practice predictions concerning the retail sector for the coming year. The event featured Hogan Lovells partners Meryl...more

NJ WARN amendments will become effective April 10, 2023

On January 10, 2023, New Jersey Governor Phil Murphy signed Assembly Bill No. 4768, allowing significant amendments to the Millville Dallas Airmotive Plant Job Loss Notification Act (NJ WARN) to take effect on April 10, 2023,...more

[Webinar] Retail buzz: A coffee chat with the Hogan Lovells NY team - January 24th, 8:30 am - 9:00 am EST

Join the Hogan Lovells New York Retail team over a cup of coffee (or tea) on Tuesday, 24 January 2023 as we explore the most recent and important issues and trends in the retail industry. Our new series will offer...more

The NLRB gives unions a boost for the new year

Unions were busy in 2022, making well-documented gains in organizing not seen for decades. At the end of the year, the National Labor Relations Board (NLRB or Board) lent unions support with a flurry of activity that likely...more

NLRB issues new notice of proposed rulemaking on joint-employer standard

On September 6, 2022, the National Labor Relations Board (NLRB) proposed a new rule for determining joint-employer status under the National Labor Relations Act (NLRA). Since 2020, a joint employer finding required proof of...more

Public life sciences companies uniquely positioned as SOX retaliation defendants

Sarbanes-Oxley’s (SOX) whistleblower protections can create tricky issues for public life sciences and health care companies. Consider taking steps now to help mitigate these risks. ...more

NY Governor considers pay transparency bill

Governor Kathy Hochul is considering a bill that would require New York employers with four or more employees to include compensation information on advertisements for any job, promotion, or transfer opportunity....more

NJ Law Against Discrimination does not bar non-disparagement clauses

In 2019, in response to #MeToo, New Jersey amended its Law Against Discrimination (NJLAD) to ban from employment contracts or settlement agreements provisions intended to conceal the details of discrimination, retaliation, or...more

EEOC and DOJ warn that use of AI tools in employment decisions can violate ADA

The Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) have each issued substantively similar technical assistance documents explaining how employers’ use of algorithmic decision-making...more

NLRB general counsel urges Board to flip-flop on workplace rules standards

Section 7 of the National Labor Relations Act (Act) gives employees the right “to engage in . . . concerted activities for the purpose of . . . mutual aid or protection.” One common issue that the National Labor Relations...more

NJ appellate court affirms: FAA preempts NJLAD prohibition on arbitration agreements

In 2019, New Jersey amended its Law Against Discrimination (NJLAD) to include a provision purporting to ban agreements requiring employees to arbitrate claims arising under the NJLAD (Amendment). On February 15, 2022, a New...more

NLRB general counsel issues guidance on bargaining obligations in relation to OSHA ETS

On November 10, the National Labor Relations Board (NLRB) Office of the General Counsel (GC), issued a memorandum with its position on unionized employers’ bargaining obligations when implementing the Occupational Safety and...more

Second Circuit lifts injunction on NY health care vaccine mandate

On October 12, 2021, a court in the Northern District of New York preliminarily enjoined the New York State Department of Health’s (DOH) COVID-19 vaccination rule for healthcare employees to the extent it required employers...more

New York dramatically expands whistleblower protection law with sweeping amendments

On October 28, 2021, New York Governor Kathy Hochul signed legislation enhancing the protections available to individuals who claim retaliation for reporting alleged employer wrongdoing. The legislation (S.4394A/A.5144A)...more

NLRB General Counsel seeks to further shake up college sports

Earlier this month, the General Counsel of the National Labor Relations Board issued a memorandum declaring that private college athletes should be considered “employees” under Section 2(3) of the National Labor Relations Act...more

Recent New Jersey laws aim to combat worker misclassification

Building on efforts that began in early in his tenure, Governor Murphy of New Jersey recently signed four bills into law that expand the power of the state to identify and combat alleged worker misclassification....more

Pre-dispute employment arbitration agreements are enforceable in New Jersey, according to a recent ruling

On March 18, 2019, New Jersey amended the New Jersey Law Against Discrimination (NJLAD) to include a provision that rendered unenforceable any “provision in an employment contract that waives any substantive or procedural...more

Federal court vacates portions of DOL’s FFCRA Regulations

On August 3, 2020, in an action brought by the State of New York (New York) against the U.S. Department of Labor (DOL), a court in the Southern District of New York granted summary judgment to New York and vacated four...more

OSHA issues return-to-work guidance for non-essential businesses

On Thursday, June 18, the Occupational Safety and Health Administration (OSHA) published a pamphlet with “guidance to assist employers and workers in safely returning to work and reopening businesses deemed by local...more

EEOC updates COVID-19 Q&A

Last week, the EEOC updated its Q&As for “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”.  Here are some highlights...more

COVID-19 Considerations: Vacation and PTO

Employers are understandably concerned about the possibility of being forced to furlough or lay off employees due to the COVID-19 pandemic.  We have covered some of the relevant considerations including the Families First...more

EEOC Releases Guidance Regarding Employees, Applicants and COVID-19

The U.S. Equal Employment Opportunity Commission (“EEOC”) enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act.  This week, the EEOC twice updated its...more

“WARN”ing to New Jersey Employers: NJ WARN Act Dramatically Expanded

Last week, New Jersey Governor Phil Murphy signed an amendment to the New Jersey WARN Act, dramatically expanding the Act’s reach.  Effective July 19, 2020, the amendment makes the Act one of the most stringent state WARN...more

New Jersey Salary History Ban Goes into Effect on January 1, 2020

Employers beware: New Jersey’s salary history ban, signed this past summer, takes effect on January 1, 2020.  On that date, New Jersey will join several other states (including New York and California) by prohibiting private...more

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