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Is the Delaware Supreme Court Pushing Back on Chancery’s Suspicion of Non-Competes?

The Delaware Court of Chancery has been increasingly willing of late to strike down non-compete covenants as overbroad, a trend accompanied by a growing unwillingness to “blue pencil” agreements by narrowing terms to what the...more

NLRB Returns to a More Stringent Framework For Workplace Rules

On Wednesday, August 2, 2023, the National Labor Relations Board (“the Board”) continued its retreat from many of the decisions issued by its Trump-era iteration. In Stericycle, Inc, 372 NLRB No. 113 (2023), the Board...more

Landmark Legislation for Temporary Workers in New Jersey

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

D.C. Circuit Takes on NLRB Rule Impacting Union Election Process

In a divided decision handed down yesterday, January 17, the United States Court of Appeals for the D.C. Circuit partially affirmed the decision of a federal District Court eliminating, in part, aspects of an...more

New Jersey Cannabis Regulatory Commission Issues Interim Guidance on Workplace Impairment and Reasonable Suspicion Determinations

On September 9, 2022, the New Jersey Cannabis Regulatory Commission (Commission) released interim Guidance (Guidance) on the workplace drug testing provisions of the state’s recreational marijuana law, known as the New Jersey...more

$15/Hour Pay for Federal Contractors

The U.S. Department of Labor (“DOL”) published a Final Rule on Monday November 22, 2021 raising the minimum wage for federal contractor employees to $15 an hour. The Rule takes effect on January 30, 2022 and will apply to new...more

New Jersey Law Against Discrimination Amended To Protect Employees 70 Or Older

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

Federal Court in PA Weighs in on COVID-19 Disability Question

Last week, the Eastern District of Pennsylvania ruled that an employee whose employment was terminated on the same day she disclosed to her employer that she had tested positive for COVID-19 sufficiently pled a claim of...more

Scabby the Rat Lives and Joins Secondary Protests

On July 21, 2021, in a 3-1 decision, the National Labor Relations Board (“NLRB”) ruled that a union does not violate federal labor law with the display of the infamous “Scabby the Rat,” and other similar inflatable symbols,...more

SCOTUS Rules Against Unions On California Farm Access

The United States Supreme Court (“Supreme Court”) has dealt a blow to organized labor, striking down as unconstitutional a California law that permitted union organizers access to agricultural company land to speak with...more

OSHA Endorses CDC Mask Guidance

On May 17, 2021, the Occupational Safety and Health Administration (OSHA) advised employers to follow the new CDC mask guidance for people fully vaccinated against COVID-19. Although this provides some guidance for...more

New Jersey Plans to Ease COVID-19 Restrictions, Along with New York and Connecticut

On May 3, 2021, Governor Murphy announced that New Jersey, along with New York and Connecticut, would lift many COVID-19 pandemic restrictions affecting the region’s businesses, venues, and gatherings over the course of the...more

New Jersey Supreme Court Upholds Workers’ Compensation Order Directing Reimbursement for Medical Marijuana Costs

On April 13, 2021, the New Jersey Supreme Court unanimously upheld an Appellate Division decision affirming a workers’ compensation order which directed M&K Construction to reimburse a former employee, Vincent Hager, for the...more

New Jersey Issues Guidance On Employer-Mandated Vaccines

The New Jersey Department of Health and the Department of Law and Public Safety (which oversees the New Jersey Division on Civil Rights) have issued guidance in the form of FAQs regarding the right of employers to mandate the...more

Department of Labor Announces Proposed Rules to Reconsider Tipped-Worker Regulations

On Tuesday, the Department of Labor (DOL) announced that it had issued two Notices of Proposed Rulemaking (NPRM) concerning tipped workers’ compensation. If adopted, the NPRM would delay, for a second time, the effective date...more

New Jersey Governor Expands Capacity Limits for Dining and Indoor Gathering

Governor Phil Murphy signed Executive Order 230 on Thursday, March 11, 2021, that expands capacity limits for a number of social and business activities and events, including indoor and outdoor gatherings, sports activities...more

New Jersey Lawmaker Wastes No Time Introducing Legislation to Amend the Employment Provisions of the State’s Newly Enacted...

On March 10, 2021, less than three weeks after New Jersey Governor Phil Murphy signed legislation legalizing recreational marijuana and establishing employee protections for off duty marijuana use, a State lawmaker has...more

NJ Enacts Recreational Marijuana Legislation with Employment Protections

In November, New Jersey voters said “yes” to the legalization of recreational marijuana.  On February 22, 2021, Governor Phil Murphy signed legislation that legalized and decriminalized recreational marijuana and established...more

OSHA to Investigate Retaliation Complaints Under Money Laundering and Criminal Antitrust Laws

The Occupational Health and Safety Administration (“OSHA”) now will investigate workers’ complaints of retaliation for reporting alleged money laundering and antitrust-related violations under new whistleblower statutes. On...more

Pennsylvania Marijuana Update: Accommodations and Pre-Employment Testing

Summary - Two notable legal developments have occurred in Pennsylvania this fall related to marijuana use by employees....more

New Jersey’s Legalization of Marijuana: Employment Implications for NJ and NY

Summary - New Jersey has joined a growing list of states that have legalized recreational marijuana. On Election Day, roughly two-thirds of New Jersey voters said “yes” to a ballot question asking whether the state...more

NJ Presumes Workers Comp Coverage for NJ Essential Workers Who Contract COVID-19

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

FFCRA Updates - September 2020 #2

NOTE: On August 3, 2020, a New York federal court invalidated four provisions of the U.S. Department of Labor’s regulations related to the Families First Coronavirus Response Act (H.R. 6201) (FFCRA or Act). Our alert on this...more

FFCRA Updates - September 2020

NOTE: On August 3, 2020, a New York federal court invalidated four provisions of the U.S. Department of Labor’s regulations related to the FFCRA. The four provisions vacated by the court are the “work availability”...more

EEOC Issues New Guidance on Opioid Use and the ADA

The Equal Employment Opportunity Commission issued two sets of guidance last week, one to employees and one to health care providers, addressing various issues under the Americans with Disabilities Act relating to reasonable...more

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