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
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
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
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
Hiring parties should review their current independent contractor agreements to ensure compliance with the adopted rules....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