Following a nationwide trend, New Jersey recently joined a growing list of states seeking to limit the use of non-compete and non-solicitation agreements by employers.
On May 19, 2022, the New Jersey Assembly’s Labor...more
7/21/2022
/ Attorney's Fees ,
Compensation ,
Damages ,
Enforcement ,
Fair Labor Standards Act (FLSA) ,
Liquidated Damages ,
New Jersey ,
Non-Compete Agreements ,
Pre-Employment Agreements ,
Proposed Legislation ,
Restrictive Covenants ,
Termination
On March 31, 2022, the California legislature approved Assembly Bill (AB) 2179, extending the state’s eviction moratorium through June 30, 2022 for certain tenants who have applied for rental assistance on or before March 31,...more
When filing a claim for trade secret misappropriation under the Defend Trade Secrets Act (DTSA) or a state’s Uniform Trade Secrets Act (UTSA), it is essential to strike the proper balance between sufficiently describing an...more
In a decision issued earlier this month, the Second Circuit Court of Appeals ruled that participants in unpaid internship programs offered by the Hearst Corporation could not be classified as “employees” of Hearst and...more
12/19/2017
/ Corporate Counsel ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hearst ,
Hiring & Firing ,
Internships ,
Misclassification ,
Primary Beneficiary Test ,
Unpaid Interns ,
Wage and Hour
On June 12, 2017, the U.S. Department of Labor’s (“DOL”) Office of Labor-Management Standards published a notice of proposed rulemaking regarding its intention to rescind the so-called “persuader rule,” moving the DOL one...more
6/28/2017
/ Attorney-Client Privilege ,
Collective Bargaining ,
Comment Period ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Final Rules ,
LMRDA ,
Permanent Injunctions ,
Persuader Rules ,
Reporting Requirements ,
Unions
Last year the New York legislature and New York Department of Labor amended several employment laws implementing changes that took effect at the end of 2016 or are set to take effect early this year. This post summarizes the...more
1/7/2017
/ Consent ,
Direct Deposit ,
Employer Liability Issues ,
Exempt-Employees ,
Freelance Workers ,
Minimum Salary ,
Minimum Wage ,
Non-Exempt Employees ,
Notice Requirements ,
NYDOL ,
Over-Time ,
Payroll Cards ,
Wage and Hour
On April 20, 2015, the United States Court of Appeals for the Second Circuit reversed a long-standing precedent when it held in Greathouse v. JHS Security Inc., that an internal oral complaint could be sufficient to...more
Under a proposal recommended by the state’s Wage Board on Friday, January 30, 2015, tipped workers in New York state, including restaurant servers and hospitality workers, would have their minimum hourly wage increased to...more
On January 14, 2015, in a case of first impression, the New York Supreme Court, Appellate Division, Second Department held that an employee can sufficiently demonstrate his membership in a protected class by virtue of his...more
On November 12, 2014, in Greg Landers v. Quality Communications Inc., the Ninth Circuit clarified a previously unsettled point of law by confirming that Fair Labor Standards Act (FLSA) pleadings must meet the specificity...more
The U.S. Court of Appeals for the Third Circuit ruled last week that courts, not arbitrators, should determine whether an agreement between two parties to arbitrate employment disputes allows for classwide arbitration....more
The White House announced last week that President Barack Obama is preparing to issue an executive order prohibiting government contractors from discriminating against employees or job applicants on the basis of sexual...more
Employers beware: President Obama’s recent budget proposal may portend a Department of Labor crackdown on workplace pay issues in 2015.
As part of the 2015 fiscal year budget which President Obama submitted to Congress...more
For over two years, the National Labor Relations Board (the “Board”) fought to require employers to post in their workplaces a notice of employee rights under the National Labor Relations Act (“NLRA”). Those efforts met with...more
On November 5, 2013, residents of New Jersey voted 61 to 39 percent to amend the New Jersey state constitution to increase the state’s hourly minimum wage from $7.25 to $8.25. The minimum wage increase will go into effect on...more
Effective August 29, 2013, New Jersey’s Law Against Discrimination prohibits employer reprisals against an employee who asks another employee, or former employee, for her rate of pay, as well as other information such as the...more
Last month, the United States Court of Appeals for the Fourth Circuit raised the stakes on what has become one of the most prominent topics in the labor law community in recent times with its 2-1 decision in National Labor...more
As we detailed in a previous blog post, in September 2012, Governor Cuomo signed into law new legislation which permits employers to make additional deductions from employees’ paychecks. Among other things, the bill amended...more