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
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
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
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
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
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
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
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
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
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
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
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
11/18/2021
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Unions ,
Vaccinations ,
Virus Testing ,
Wage and Hour
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
11/17/2021
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
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
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
10/15/2021
/ Alston v NCAA ,
Name and Likeness ,
NCAA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
SCOTUS ,
Section 7 ,
Student Athletes ,
Student Employees ,
Unions
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
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
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
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
6/22/2020
/ Anti-Retaliation Provisions ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Responsibilities ,
Non-Essential Businesses ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Social Distancing ,
Workplace Safety
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
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
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
Governor Cuomo is sent new legislation related to the Coronavirus to New York State lawmakers yesterday. The legislation would protect employees who are required to stay home from work because they are being isolated or...more
3/10/2020
/ Adverse Employment Action ,
Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employee Rights ,
Employer Liability Issues ,
Health and Safety ,
Hiring & Firing ,
Infectious Diseases ,
Medical Leave ,
Policies and Procedures ,
Proposed Legislation ,
Public Health ,
Risk Management ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
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
1/31/2020
/ Employer Liability Issues ,
Failure to Comply ,
Hiring & Firing ,
Labor Law Violations ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
Notice Requirements ,
Penalties ,
Regulatory Requirements ,
Regulatory Standards ,
State and Local Government ,
State Labor Laws ,
WARN Act
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
12/5/2019
/ Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Law Violations ,
Labor Regulations ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Bans ,
State Labor Laws ,
Wage and Hour