On May 7, 2024, the New Jersey Supreme Court ruled that non-disparagement provisions precluding discussion of discrimination, retaliation, or harassment claims are unenforceable. We delve into the Court’s reasoning, as well...more
In Bissonnette v. LePage Bakeries, a unanimous Supreme Court clarified the scope of the Federal Arbitration Act’s (FAA’s) “transportation worker” exemption by rejecting the industry-based test applied in the Second Circuit....more
4/23/2024
/ Arbitration ,
Arbitration Agreements ,
Bissonnette v LePage Bakeries Park St LLC ,
Delivery Drivers ,
Employer Liability Issues ,
Federal Arbitration Act ,
Independent Contractors ,
Interstate Commerce ,
Misclassification ,
SCOTUS ,
Transportation Industry
New Jersey Governor Phil Murphy recently signed into law the Temporary Workers’ Bill of Rights, which is the first law in the nation to require equal pay for temporary workers. Under the law, employers must pay temporary...more
The US Court of Appeals for the Ninth Circuit (which covers California, Nevada, Arizona, Alaska, Hawaii, Idaho, Montana, Oregon, and Washington) held on October 24 in a unanimous published opinion that because call center...more
The US Court of Appeals for the Third Circuit held on August 10 in Travers v. Federal Express Corporation that paid leave is among the “rights and benefits” that the Uniformed Services Employment and Reemployment Rights Act...more
New Jersey Governor Phil Murphy signed legislation on February 22 enabling the constitutional amendment to legalize adult recreational use of cannabis and a companion decriminalization bill. Each law has significant...more
The US Court of Appeals for the Seventh Circuit on February 3 reinstated an airline pilot’s putative class action lawsuit alleging that United Airlines violated the Uniformed Services Employment and Reemployment Rights Act...more
Legalized adult recreational use of cannabis is coming to New Jersey. On November 3, 2020, New Jersey voters approved a ballot measure to amend the New Jersey Constitution to, among other things, make lawful the personal,...more
Employers in New Jersey should be aware that a recent executive order mandating safety protocols in the workplace amid the coronavirus (COVID-19) pandemic creates complaint mechanisms for whistleblowers, with the potential...more
11/2/2020
/ Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Executive Orders ,
Infectious Diseases ,
Masks ,
State and Local Government ,
State Labor Laws ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Safety
In Skuse v. Pfizer Inc., the New Jersey Supreme Court allows continued employment as a means for consent to an agreement to arbitrate and confirms online communication and delivery to employees regarding arbitration...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
Governor Phil Murphy signed a suite of new laws on April 14 in response to the coronavirus (COVID-19) pandemic, including an amendment to New Jersey’s WARN Act providing relief to employers that conduct mass layoffs as a...more
As New Jersey continues to battle the spread of coronavirus (COVID-19), Governor Phil Murphy ordered essential businesses in the state to adopt several measures including mandatory face coverings at worksites, occupancy...more
New Jersey Governor Phil Murphy on March 21 signed Executive Orders 107 and 108, which took effect at 9:00 pm the same day. ...more
New Jersey Governor Phil Murphy signed six bills into law on January 20, all targeting the use of independent contractors. The new laws give the New Jersey Department of Labor and Workforce Development (NJLWD) considerably...more
The amended New Jersey WARN Act will impose significantly stricter obligations (including potential individual liability) and make New Jersey the first state to mandate severance pay to employees separated as a result of...more
New Jersey’s new Wage Theft Act will likely make the state a destination for wage and hour class actions as the new law includes critical employee protections and harsher penalties for employers, and extends the statute of...more
This month, New Jersey has expanded the state’s medical marijuana law and limited employers’ ability to inquire about job applicants’ salary history. Employers should review these new laws and ensure compliance, including...more
The US Supreme Court recently ruled that independent contractors engaged in interstate commerce fall under the Federal Arbitration Act’s transportation worker exemption, and thus the FAA cannot be used to enforce mandatory...more
Hiring parties should review their current independent contractor agreements to ensure compliance with the adopted rules....more
Hiring parties should review their current contracts with freelance workers in New York City to ensure compliance with the new bill.
The New York City Council has passed, and Mayor Bill de Blasio has signed, a bill with...more
The New Jersey Supreme Court’s decision forbids employers from contractually shortening the two-year limitations period under the state’s Law Against Discrimination.
In a decision issued on June 15 that reversed two...more
6/17/2016
/ Arbitration Agreements ,
Contract of Adhesion ,
Employment Contract ,
Employment Discrimination ,
Limitation Periods ,
NJ Supreme Court ,
Non-Compete Agreements ,
Public Policy ,
Severance Agreements ,
Statute of Limitations ,
Unconscionable Contracts ,
Waivers
The Supreme Court of New Jersey affirms an employee’s indictment for taking an employer’s confidential documents without authorization, allegedly to support discrimination and retaliation claims.
In a decision issued on...more
Dear Retail Clients and Friends,
In 2014, employees across the United States filed dozens of lawsuits under both the federal Fair Labor Standards Act (FLSA or the Act) and state law alleging that they and the classes of...more
The New Jersey Supreme Court’s decision defines a test that applies to employment classification disputes under the state’s Wage Payment Law and Wage and Hour Law....more
The Court reversed the Ninth Circuit’s decision and found that waiting for and passing through security screening is neither employees’ principal activity nor integral and indispensable to their duties....more