On December 12, 2024, the Occupational Safety and Health Administration (OSHA) issued a final rule updating its personal protective equipment (PPE) standard for construction workers. The new rule explicitly requires that...more
12/17/2024
/ Construction Project ,
Construction Workers ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Regulatory Reform ,
Regulatory Requirements ,
Workplace Hazards ,
Workplace Safety
On Tuesday, December 10, the National Labor Relations Board (NLRB) issued a decision that will make it more difficult for a unionized employer to make unilateral changes to working conditions. The decision, Endurance...more
On October 7, 2024, the National Labor Relations Board’s (NLRB) top prosecutor issued a memo to NLRB regional offices, solidifying the hard line her office will take on noncompete and “stay-or-pay” agreements and calling for...more
In a unanimous decision, on May 15, 2024, the New Jersey Supreme Court held that the state’s amendments (Chapter 212) to the Wage Payment Law (WPL) and the Wage and Hour Law (WHL) apply prospectively, and therefore plaintiffs...more
As we previously reported, the Federal Trade Commission (FTC) voted to issue a final rule (the “Rule”) that would prevent most employers from enforcing noncompete agreements against workers, with only limited exceptions for...more
5/20/2024
/ Competition ,
Corporate Sales Transactions ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements
The Federal Trade Commission (FTC) voted to issue a final rule that would prevent most employers from enforcing noncompete agreements against workers, with only limited exceptions for existing noncompetes with senior...more
4/25/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
On January 9, 2024, the US Department of Labor (DOL) issued a final rule that provides revised guidance on whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act...more
1/10/2024
/ Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Minimum Wage ,
New Rules ,
NLRA ,
Over-Time ,
Proposed Rules ,
Unpaid Overtime ,
Wage and Hour
On June 29, 2023, the Supreme Court of the United States (SCOTUS) issued a unanimous opinion, authored by Justice Alito, in Groff v. DeJoy, Postmaster General, 600 U.S. ___ (2023), in which it “clarified” decades-old...more
7/3/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
Last week, the National Labor Relations Board (“Board”) issued a decision changing the legal standard it will use to determine whether workers are “employees” covered by the National Labor Relations Act (“NLRA”), or...more
On February 6, 2023, Governor Phil Murphy signed into law a controversial bill that will provide sweeping new protections and an expansion of rights for temporary workers in New Jersey, dubbed the “Temporary Workers’ Bill of...more
In January 2020, New Jersey Governor Phil Murphy signed into law Senate Bill 3170, which amended and significantly expanded employer obligations under the Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ...more
Earlier this week, New Jersey state senators tabled the vote on Bill S511, landmark legislation dubbed the NJ temporary worker “Bill of Rights.” Governor Phil Murphy conditionally vetoed the proposed legislation last month,...more
Summary -
In a case of first impression, a judge of the Essex County Superior Court held that the Federal Arbitration Act (FAA) no longer preempts Section 12.7 of the New Jersey Law Against Discrimination (LAD)—which...more
On Monday, as it has done periodically throughout the pandemic, the Equal Employment Opportunity Commission (“EEOC”) updated its now-lengthy technical assistance related to COVID-19. This new guidance comes as U.S. employers...more
On Tuesday evening, Occupational Safety and Health Administration (OSHA) sent its proposed vaccine mandate to the White House for final review. OSHA’s proposed rule was drafted in response to President Biden’s September 9...more
On Tuesday, October 5, 2021, Governor Phil Murphy signed legislation expanding state law protection against age discrimination for those employees who are 70 years of age or older. The legislation amends the New Jersey Law...more
Yesterday, the United States Senate confirmed Gwynne Wilcox and David Prouty to seats on the National Labor Relations Board (Board). These confirmations seal the deal on a Democratic majority on the Board and undoubtedly will...more
OSHA’s COVID-19 Emergency Temporary Standard (ETS) has been published in the Federal Register, and becomes effective today....more
Fulfilling a promise made early in the Biden Administration, on June 10, 2021, the Occupational Health and Safety Administration (OSHA) issued an Emergency Temporary Standard (ETS) related to COVID-19. However, the ETS...more
Today, the U.S. Equal Employment Opportunity Commission (EEOC) substantially augmented its technical assistance questions and answers related to the COVID-19 pandemic, and the application of the Americans with Disabilities...more
On March 3, 2021, U.S. District Judge William Alsup of the Northern District of California said he would partially rule in favor of a class of California retail industry workers against Apple, finding those workers were...more
As the ongoing pandemic deepens, states across the country continue to struggle to contain the virus and protect their citizens. On October 28, 2020, New Jersey Governor Phil Murphy issued yet another Executive...more
On July 2, 2020, OSHA published a set of Frequently Asked Questions (FAQs) addressing topics related to COVID-19. The FAQs provide links to a number of employer and employee resources related to workplace safety and health...more
On Thursday, June 18, 2020, The U.S. Department of Labor – Occupational Safety and Health Administration (OSHA) posted “Guidance on Returning to Work,”....more
In a 6-3 opinion authored by Justice Gorsuch, a conservative, the Supreme Court has ruled that Title VII’s civil rights protections extend unequivocally to LGBTQ employees. Chief Justice Roberts and Justices Ginsburg, Breyer,...more
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender