The New Jersey Domestic Workers’ Bill of Rights (S723/A822), one of three laws signed in early January relating to protecting immigrants and part of the Murphy administration’s larger effort to build a more inclusive state...more
On January 8, 2024, Governor Phil Murphy signed S1438 / A5794, which amended New Jersey’s State Prevailing Wage Act to permit unions to file prevailing wage claim suits on behalf of workers on covered projects regardless of...more
Governor Philip D. Murphy recently signed Assembly Bill 4682 / Senate Bill 2389, establishing various employment protections for specific “service employees” during changes of ownership. This bill goes into effect on October...more
On August 8, 2023, the U.S. Department of Labor published its final rule, calling for the most sweeping revisions to the rules governing Davis-Bacon Act (DBA) enforcement since the Reagan administration’s 1982 reforms....more
On June 13, 2023, the National Labor Relations Board (“NLRB” or “the Board”) issued its long-awaited decision in The Atlanta Opera, in which it overturned prior law (SuperShuttle DFW, Inc.) and reinstated a narrower test for...more
On February 6, 2023, New Jersey Governor Phil Murphy signed into law Assembly Bill No. A1474 / S511, commonly known as the “Temporary Workers’ Bill of Rights” (the “Bill of Rights”), which establishes numerous labor and...more
2/10/2023
/ Employee Rights ,
Employees ,
Employer Liability Issues ,
Joint Employers ,
Labor Reform ,
New Jersey ,
New Legislation ,
Staffing Agencies ,
State Labor Laws ,
Temporary Employees ,
Wage and Hour
On January 10, 2023, Governor Philip D. Murphy signed into law S3162 / A4768, which makes the 2020 amendments to NJ WARN effective 90 days from his signature, irrespective of whether a State of Emergency still exists....more
1/11/2023
/ Corporate Counsel ,
Employer Liability Issues ,
Hiring & Firing ,
Labor Reform ,
Layoff Notices ,
Layoffs ,
New Jersey ,
New Legislation ,
Notice Requirements ,
Severance Pay ,
State Labor Laws ,
Wage and Hour ,
WARN Act
On November 29, 2022, the New Jersey Department of Labor and Workforce Development (the “NJDOLWD” or the “Department”) announced what it calls a “comprehensive enforcement strategy” to target employers in specific...more
A bill advancing in the New Jersey Legislature would expedite the implementation of significant changes to the state’s WARN law. Back in January 2020, Governor Philip D. Murphy signed into law Senate Bill 3170, which...more
12/9/2022
/ Employer Liability Issues ,
Hiring & Firing ,
Labor Reform ,
Layoff Notices ,
Layoffs ,
New Jersey ,
Notice Requirements ,
Pending Legislation ,
Regulatory Agenda ,
Severance Pay ,
State Labor Laws ,
WARN Act
I. The State of the U.S. Workforce -
In the early months of the pandemic, jobs declined by a staggering 22.2 million. The good news is that jobs recovery has been on the rise since February 2020. In July, the number of...more
On August 2, 2022, the Supreme Court of New Jersey handed down a key ruling that significantly impacts how companies across the state should classify workers as independent contractors. In East Bay Drywall, LLC. v. Department...more
8/4/2022
/ Corporate Structures ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
NJ Supreme Court ,
State Labor Laws ,
Unemployment Compensation System ,
Wage and Hour
On April 7, 2022, General Counsel (GC) Jennifer A. Abruzzo released Memorandum 22-04, The Right to Refrain from Captive Audience and other Mandatory Meetings. As set forth in the memorandum, GC Abruzzo will urge the National...more
4/8/2022
/ Employee Rights ,
Employer Liability Issues ,
Free Speech ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Regulatory Agenda ,
Regulatory Standards ,
Section 7 ,
Unions
On March 24, 2022, the Massachusetts Supreme Judicial Court (SJC) handed down a key ruling that could have a significant impact on franchising across the state. In Patel v. 7-Eleven, Inc., the SJC was asked whether the...more
On Monday, February 7, 2022, the White House Task Force on Worker Organizing and Empowerment (Task Force) released its long-awaited Report detailing nearly 70 recommendations for revising our nation’s labor laws and...more
On January 19, 2022, Governor Philip D. Murphy signed Executive Order (EO) 283, which requires that healthcare workers and those at high-risk congregate settings be fully vaccinated against COVID-19, including receipt of a...more
1/21/2022
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
New Jersey ,
New Regulations ,
State Labor Laws ,
Vaccinations ,
Workplace Safety
On January 18, 2022, Governor Philip D. Murphy signed NJ A6246 / S4295, which significantly restricts the business discretion of successor hotels. The New Jersey Senate and General Assembly passed this bill by an overwhelming...more
1/18/2022
/ Change in Control ,
Employee Retention ,
Employees ,
Employer Liability Issues ,
Hospitality Industry ,
Hotels ,
Labor Reform ,
Labor Regulations ,
New Jersey ,
New Legislation ,
State Labor Laws ,
Successor Liability ,
Voluntary Reduction in Force ,
Wage and Hour
Effective October 1, 2021, the New Jersey Division of Taxation (the “NJDT”) ended the temporary relief period with regard to employers’ obligation to withhold income taxes for teleworking employees who work in New Jersey.1 ...more
On September 29, 2021, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer A. Abruzzo released a nine-page memorandum taking the unequivocal position that “certain Players at Academic Institutions” are...more
10/4/2021
/ Colleges ,
Compensation & Benefits ,
Employee Definition ,
Employee Rights ,
Labor Reform ,
Memorandum of Guidance ,
Misclassification ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Student Athletes ,
Students ,
Universities
On May 24 and 25, 2021, New Jersey Governor Philip D. Murphy signed Executive Order (EO) 242 and EO 243, respectively, easing COVID-19-related workplace restrictions. While EO 242 had less impact on employers than many had...more
In the wake of the ongoing COVID-19 pandemic, New York and New Jersey have adopted legislation to benefit airport workers. The Healthy Terminals Act in both states will boost wages and access to healthcare for airport workers...more
As employers and employees alike continue to monitor and watch the landscape of alternative dispute resolution as a viable option (or not) in New Jersey, an important federal court decision was recently handed down. ...more
4/2/2021
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Federal Arbitration Act ,
Labor Law Violations ,
Preemption ,
Workplace Harassment Guidance