Real World Impact: Making good on her promise to make a ruling on the FTC Noncompete Rule on or before August 30, 2024, United States District Judge Ada Brown granted a motion for summary judgment that sets aside the FTC...more
8/21/2024
/ Competition ,
Confidential Information ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants ,
Summary Judgment
The Federal Trade Commission (FTC) issued an extremely broad Final Rule banning most non-competes. As expected, there have been multiple court challenges to the Final Rule, but, to date, no court has issued a nationwide...more
8/13/2024
/ Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Motion To Enjoin ,
Non-Compete Agreements ,
Restrictive Covenants
Real World Impact: The recent decision by a Texas federal district court judge enjoining the Federal Trade Commission (FTC) from implementing its regulation banning most noncompetes provides relief for the parties in that...more
As we recently reported, the Federal Trade Commission (FTC) issued its long-awaited final rule on April 23, 2024, banning virtually all noncompetition agreements between employers and workers. Lawsuits challenging the final...more
5/8/2024
/ Competition ,
Confidential Information ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Federal v State Law Application ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
New York ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws
On April 23, 2024, the Federal Trade Commission (FTC) issued its long-awaited final rule, banning virtually all noncompetition agreements between employers and workers. Just as the ink dried, the first lawsuit (of several...more
4/24/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
On July 21, 2023, the New Jersey Department of Labor and Workforce Development posted on its website proposed regulations to implement the New Jersey Temporary Workers Bill of Rights. Public comments on the proposal will be...more
7/25/2023
/ Comment Period ,
Corporate Counsel ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Labor Reform ,
New Jersey ,
Proposed Regulation ,
Regulatory Agenda ,
Salaried Employees ,
Staffing Agencies ,
State Labor Laws ,
Temporary Employees ,
Wage and Hour
On February 6, 2023, New Jersey Governor Phil Murphy signed into law the “Temporary Workers’ Bill of Rights.” This new law, the most expansive of its kind in the nation, provides “temporary workers” with new rights and...more
4/21/2023
/ Employee Rights ,
Employees ,
Employer Liability Issues ,
Equal Pay ,
Joint Employers ,
Labor Reform ,
New Jersey ,
New Legislation ,
Staffing Agencies ,
State Labor Laws ,
Temporary Employees ,
Wage and Hour
Last week, the New Jersey Assembly’s Labor Committee passed bill A3715, designed to sharply limit the available provisions, use, and enforceability of restrictive covenants in employment contracts by New Jersey employers....more
5/24/2022
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Garden Leave ,
Independent Contractors ,
Labor Reform ,
Non-Compete Agreements ,
Proposed Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
State Labor Laws
In a recent decision and case of first impression, Pennsylvania’s Supreme Court unanimously affirmed that a no-hire of employees provision between a business and its vendor was unenforceable because it constituted an...more
5/10/2021
/ Employer Liability Issues ,
Employment Contract ,
First Impression ,
Former Employee ,
Hiring & Firing ,
No-Hire/No-Solicitation Agreements ,
No-Poaching ,
Non-Compete Agreements ,
PA Supreme Court ,
Restrictive Covenants ,
Unenforceable Contract Terms
Employment at Will -
New Jersey adheres to the principle of at-will employment. Accordingly, an employment relationship may be terminated for any reason at the will of either party, provided the reason is not otherwise...more
5/6/2021
/ At-Will Employment ,
Drug Testing ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Labor Regulations ,
Marijuana ,
Paid Time Off (PTO) ,
State Labor Laws ,
Wage and Hour
Tuesday, New Jersey’s Supreme Court approved as legally binding an arbitration agreement provided to employees electronically, concluding the arbitration agreement was effectively, clearly, and unambiguously communicated to...more
8/20/2020
/ Arbitration ,
Arbitration Agreements ,
Binding Arbitration ,
Class Action Arbitration Waivers ,
Contract Terms ,
Employment Contract ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
Pfizer ,
State and Local Government ,
State Labor Laws
Executive Summary: Rejecting a bright-line test, Pennsylvania’s Supreme Court ruled last week that a covenant not to compete executed by an employee after the first day of employment can be enforceable — even though no new...more
On March 21, 2020, New Jersey Governor Philip J. Murphy issued additional restrictions on New Jersey businesses in an effort to combat the spread of coronavirus/COVID-19 in the Garden State....more
Yesterday (March 16, 2020) the Governor of New Jersey issued Executive Order No. 104 (the “Order”) and activated the National Guard under the Emergency Powers provided under the New Jersey Constitution in another effort to...more
3/17/2020
/ Business Closures ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Educational Institutions ,
Emergency Management Plans ,
Event Cancellation ,
Executive Orders ,
Health and Safety ,
Infectious Diseases ,
National Guard ,
Public Health ,
School Closures ,
State and Local Government
On March 10, 2020, the New Jersey Supreme Court affirmed the reinstatement of a disability discrimination lawsuit filed by a medical cannabis cardholder against his former employer, after he was fired for failing a...more
3/12/2020
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Corporate Counsel ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Motion to Dismiss ,
NJ Supreme Court ,
Reasonable Accommodation ,
Reinstatement
The H-1B sponsorship process under the Trump Administration has become more difficult than ever, especially within the IT staffing space. This timely webinar addresses common pitfalls and missteps facing technology staffing...more
7/11/2019
/ Best Management Practices ,
Continuing Education ,
Department of Labor (DOL) ,
Employment Policies ,
Form I-9 ,
Green Cards ,
H-1B ,
Hiring & Firing ,
Human Resources Professionals ,
Immigration Procedures ,
Information Technology ,
Medical Marijuana ,
Personnel Records ,
Risk Management ,
Sponsors ,
Staffing Agencies ,
Technology Sector ,
Trump Administration ,
Wage and Hour ,
Webinars
Executive Summary: On July 2, 2019, New Jersey Governor Phil Murphy signed a much-anticipated bill into effect that expands and revises the state’s existing medical cannabis program, the Compassionate Use of Medical Marijuana...more
Statutory changes, medical marijuana, opioids and more are generating much “hand wringing” among officials and managers and human resources professionals. Join FordHarrison New Jersey based attorneys Keya Denner and Mark...more
5/13/2019
/ Best Practices ,
Canada ,
Continuing Education ,
Continuing Legal Education ,
Corporate Management ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Human Resources Professionals ,
Marijuana ,
Medical Marijuana ,
Opioid ,
Unemployment Benefits ,
Webinars
Effective immediately, an amendment to New Jersey’s Law Against Discrimination (“LAD”) signed into law on March 18, 2019, invalidates any provision of an employment agreement which “waives any substantive or procedural right...more
3/19/2019
/ #MeToo ,
Anti-Harassment Policies ,
Arbitration Agreements ,
Collective Bargaining ,
Corporate Counsel ,
Corporate Culture ,
Employer Liability Issues ,
Employment Contract ,
Hostile Environment ,
Non-Disclosure Agreement ,
Regulatory Oversight ,
Regulatory Requirements ,
Risk Management ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
On February 15, 2019, New Jersey’s governor and leaders of the State senate and assembly reached an agreement for legalizing, regulating, and taxing marijuana for adult recreational use....more
On September 12, 2018, New Jersey’s Senate offered proposed amendments to S. 2701, inching the New Jersey Marijuana Legalization Act toward enactment. Introduced in the Senate on June 7, 2018, the proposed amendments leave...more
Pennsylvania is entertaining legislation to ban all non-compete covenants. Like other states concerned with the effects of restrictions on the mobility of the workforce, the prohibition on non-compete agreements...more
9/5/2018
/ Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Legislative Agendas ,
Non-Compete Agreements ,
Proposed Legislation ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
In Cotto v. Ardagh Glass Packing, Inc., 2018 U.S. Dist. LEXIS 135194 (D.N.J. Aug. 10, 2018), a case of first impression, the federal district court held that neither New Jersey’s Law Against Discrimination (LAD) nor...more
For several years, Massachusetts has tried—and failed—to pass restrictions on non-compete covenants, and this year is no exception. Massachusetts’ 2017-18 legislative session includes seven bills focusing on reforming...more
Rejecting Freehold Township’s claim the entire case was barred by the federal Controlled Substances Act (CSA), a workers’ compensation judge ruled the municipality must reimburse its employee for the cost of medical marijuana...more
7/17/2018
/ Aiding and Abetting ,
Controlled Substances Act ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Federal v State Law Application ,
Marijuana ,
Medical Marijuana ,
Medical Reimbursement ,
Municipalities ,
State and Local Government ,
Workers' Compensation Claim