On January 9, 2024, the United States Department of Labor (the “Department”) announced its final rule on classifying workers as employees or independent contractors under the Fair Labor Standards Act (FLSA). Effective March...more
With the New Year here, new laws, rules and regulations are now in effect that may impact your company’s business. While finalizing employee handbook revisions and preparing for the year ahead, employers should consider the...more
1/4/2024
/ Department of Labor (DOL) ,
EAP ,
Employee Handbooks ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Minimum Wage ,
NLRB ,
Non-Compete Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
OSHA ,
Popular ,
Threshold Requirements ,
Workplace Illness and Injury Reporting
On June 29, 2023, the United States Supreme Court reversed the Third Circuit and clarified that Title VII of the Civil Rights of Act 1964 (“Title VII”) requires a covered employer that denies a religious accommodation to show...more
7/10/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
On February 21, 2023, the National Labor Relations Board (the “Board”) released its decision in McLaren Macomb and Local 40 RN Staff Council, Office and Professional Employees, International Union (OPEIU), AFL–CIO (McLaren)....more
On January 10, 2023, Governor Murphy signed Assembly Bill No. 4768, which gives permanent effect to sweeping amendments previously enacted to New Jersey’s WARN Act (“NJ WARN”). Originally slated to take effect in July 2020,...more
1/18/2023
/ Compliance ,
Coronavirus/COVID-19 ,
Employee Retirement Income Security Act (ERISA) ,
Governor Murphy ,
Layoffs ,
New Amendments ,
New Jersey ,
Responsible Person Liability ,
Severance Agreements ,
Termination ,
WARN Act
On January 5, 2023, the Federal Trade Commission released a Notice of Proposed Rulemaking to prohibit employers from entering into non-compete clauses with workers and require employers to rescind existing non-compete...more
New York City is following suit and joining other jurisdictions in the trend to create pay transparency. The new pay transparency law (New York City Pay Transparency Act or the law) amends the New York City Human Rights Law...more
1. On Friday, December 17, several states appealed the Sixth Circuit’s decision to vacate the stay on OSHA’s emergency mandatory vaccine rule (the Rule) for large employers with over 100 employees to the United States...more
On September 9, 2021, the Biden Administration announced a new strategy to combat COVID-19, the “Path Out of the Pandemic: President Biden’s COVID-19 Action Plan.” This plan includes new COVID-19 safety mandates for private...more
9/24/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Employment Policies ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
OSHA ,
Private Sector ,
Vaccinations ,
Virus Testing ,
Webinars ,
Workplace Safety
As an employment attorney for more than 30 years, I have seen a lot of change. Changes in the legal system, changes in the law and changes in the types of claims that employees can assert against their employers (or even...more
8/5/2021
/ ABC Test ,
Disability Discrimination ,
Employee Definition ,
Employer Liability Issues ,
Employment Policies ,
Equal Pay ,
Failure to Perform ,
Federal Trade Commission (FTC) ,
Misclassification ,
NJ Supreme Court ,
Reasonable Accommodation
As the COVID-19 virus has shown, even just a few weeks’ time can create unpredictable developments. With the arrival of 2021, and the slow vaccine roll out, questions have arisen over when most Americans will be vaccinated....more
The FDA’s emergency use authorization of the Pfizer-BioNTech COVID-19 vaccine and the Moderna COVID-19 vaccine is raising hope across the nation of a return to some semblance of normalcy in the months to come. In light of...more
12/22/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
EEO ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Guidance Update ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Moderna Inc. ,
OSHA ,
Pfizer ,
Pregnancy Discrimination Act (PDA) ,
Reasonable Accommodation ,
Rehabilitation Act ,
Religious Exemption ,
Title VII ,
Undue Hardship ,
Vaccinations
This alert is Part 2 of a three-part series where White and Williams will examine the United States Supreme Court case, California v. Texas. Part 1 examined the case in full and how the decision in the case will affect the...more
12/15/2020
/ Affordable Care Act ,
Article III ,
California v Texas ,
Commerce Clause ,
Individual Mandate ,
Medicaid ,
Oral Argument ,
SCOTUS ,
Standing ,
Tax Cuts and Jobs Act ,
Trump Administration
Please join members of the White and Williams Labor and Employment Group for a webinar discussing the employment issues related to the forthcoming COVID-19 vaccine(s).
In this webinar, our presenters will discuss:
a)...more
As hospitals, large healthcare providers and employers in other industries prepare for the vaccine rollout, many will institute mandatory vaccination policies for their workforce. Employers who implement mandatory vaccination...more
12/10/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Employee Rights ,
Employee Training ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
FEHA ,
Health Care Providers ,
Proposed Guidance ,
Reasonable Accommodation ,
Religious Discrimination ,
Title VII ,
Undue Hardship ,
Vaccinations ,
Workplace Safety
With our country’s healthcare systems on the verge of collapse, there is some encouraging news to report – recent trials of COVID-19 vaccines with promising results have been announced and it is likely that one or more...more
12/2/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
First Responders ,
Healthcare ,
Healthcare Workers ,
Immunization Exemptions ,
Local Health Departments (LHDs) ,
Public Health ,
Roman Catholic Diocese of Brooklyn New York v. Cuomo ,
SCOTUS ,
State Health Departments ,
Vaccinations
This alert is Part 1 of a three-part series where White and Williams will examine the United States Supreme Court case, California v. Texas. Part 1, below, examines the case in full and how the decision in the case will...more
The Internal Revenue Service (IRS) recently issued Notice 2020-65 (Notice), which provides guidance regarding the employee payroll tax deferral that was announced by the White House on the August 8, 2020 (Executive Order)....more
The legal issues underlying “worker misclassification” claims are hardly new. Worker wage claims asserting misclassification of a worker’s status under state and federal law have been around for decades. Similarly, state...more
8/31/2020
/ Appeals ,
California ,
Freelance Workers ,
Independent Contractors ,
Injunctions ,
Lyft ,
Proposed Legislation ,
Tax Revenues ,
Technology Sector ,
Uber ,
Unemployment Benefits
Months after the COVID-19 pandemic forced employers to close their workplace and send their employees home, employers are now struggling with bringing those employees back – an arduous task which is not as simple as unlocking...more
In March 2020, the U.S. unemployment rate jumped to 4.4% as the COVID-19 pandemic caused millions of workers to lose their jobs in a short period of time. In April 2020, private sector payrolls reported losses exceeding 20...more
With the process of allowing non-essential businesses to reopen beginning, businesses are being confronted with numerous complex and inter-related questions on how to best proceed with restarting operations. This process will...more
In a watershed Opinion, the United States District Court for the Western District of Missouri refused to provide requested judicial intervention and relief regarding meat-processing plant safety issues raised by workers and...more
On Tuesday, the United States Senate passed, and President Trump, signed into law the Families First Coronavirus Response Act (the Act). The Act contains emergency relief for both individuals and small businesses from the...more
New Jersey employers should take note of a newly enacted amendment to the New Jersey Law Against Discrimination (LAD) that directly impacts employment agreements and settlement agreements of discrimination claims. The...more
3/22/2019
/ #MeToo ,
Amended Legislation ,
Arbitration ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Governor Murphy ,
Retaliation ,
Settlement Agreements ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws ,
Unenforceable Contract Terms