On April 26, 2021, President Biden signed an executive order establishing the “White House Task Force on Worker Organizing and Empowerment” (the “Task Force”), which will be dedicated to mobilizing the federal government’s...more
The National Labor Relations Board (NLRB or Board) recently held that Tesla Inc. and CEO Elon Musk violated the National Labor Relations Act (NLRA) by infringing on employees’ protected rights through a tweet, and through an...more
The National Labor Relations Board (NLRB or Board) has withdrawn a proposed rule that would have exempted graduate students from the definition of “employees” under the National Labor Relations Act (NLRA). Under the rule...more
On March 12, 2021, the Occupational Safety and Health Administration (OSHA) launched a National Emphasis Program (NEP) that signaled a new enforcement agenda, targeting establishments in industries that have an increased...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
On February 25, 2021, the House Subcommittee on Investor Protection, Entrepreneurship, and Capital Markets held a hearing entitled, “Climate Change and Social Responsibility: Helping Corporate Boards and Investors Make...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
In a long anticipated move, New Jersey has again acted to provide COVID-19 related benefits to workers throughout the State. New legislation creates a rebuttable presumption that, absent demonstrable proof to the contrary,...more
9/17/2020
/ Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Disability Benefits ,
Essential Workers ,
Executive Orders ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Murphy ,
Healthcare Workers ,
New Legislation ,
Preponderance of the Evidence ,
Rebuttable Presumptions ,
State of Emergency ,
Workers' Compensation Claim
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
On June 10, 2020, the Occupational Health and Safety Administration (OSHA) issued guidance to help employers navigate workplace face coverings....more
On May 19, 2020, the Occupational Safety and Health Administration (OSHA) published a Memorandum providing new guidance to its Compliance Safety and Health Officers (CSHOs)—and the business community—on determining when...more
As states “re-open”—or prepare to—many businesses have begun to consider how they will ensure that their workplaces are safe for employees, customers, and other visitors. Keeping their sites clean is among companies’ chief...more
On April 22, 2020, the Occupational Safety and Health Administration (OSHA) issued safety guidance aimed at reducing construction workers’ risk of exposure to COVID-19. The guidance is available in both English and Spanish...more
Tuesday evening, April 14, 2020, New Jersey Governor Murphy signed into law Bill No. S2333, which provides health care professionals, facilities, and systems civil immunity for care given to those affected by COVID-19. The...more
On Monday, April 13, 2020, the Occupational Safety and Health Administration (OSHA) issued its “Interim Enforcement Response Plan for Coronavirus Disease (COVID-19)” (the Interim Plan) which outlines how the agency will...more
Within the last week, Pennsylvania, New Jersey, and New York each have issued orders requiring that employees of businesses still operating onsite—those deemed “essential” or “life sustaining”—wear masks or face coverings...more
On April 14, 2020, Governor Murphy signed into law a package of bills introduced in the New Jersey State Senate on April 9, in response to the COVID-19 outbreak. ...more
In a continuing battle to limit the spread of COVID-19 throughout the state, on Sunday, April 12, Governor Murphy issued another order, Executive Order 125, implementing additional requirements for restaurants, bars,...more
Los Angeles is the latest jurisdiction to offer paid leave to those impacted by the pandemic, following New York, Colorado, Michigan, and the cities of San Francisco and San Jose. ...more
On April 8, 2020, Governor Murphy signed Executive Order No. 122 (the Order) strengthening mitigation requirements on essential retail, manufacturing, and warehousing businesses and certain building owners, while also banning...more
On March 19, 2020, the New Jersey State Legislature sent Governor Phil Murphy a package of bills in response to the COVID-19 outbreak. Several of these bills are aimed at protecting employees and employers affected by...more
This morning, the House of Representative passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and President Trump is expected to sign the bill immediately....more
The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more
11/20/2019
/ ABC Test ,
Appeals ,
Back Taxes ,
Corporate Counsel ,
Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Tax ,
Enforcement Actions ,
Freelance Workers ,
Gig Economy ,
Income Taxes ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
NYDOL ,
On-Demand Services ,
Over-Time ,
Popular ,
State and Local Government ,
Summary Judgment ,
Tax Penalties ,
Uber ,
Wage and Hour