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NLRB’s Independent Contractor Test Shifts Back To Pre-Trump Standard

Last week, the National Labor Relations Board (“Board”) issued a decision changing the legal standard it will use to determine whether workers are “employees” covered by the National Labor Relations Act (“NLRA”), or...more

SVB Fallout – Beware of Employment Law Risks

Companies impacted by the Silicon Valley Bank (SVB) failure may be concerned about their ability to meet immediate payroll obligations as they await funds from government regulators. Despite regulatory assurances that funds...more

SVB Fall Out – Beware of Employment Law Risks

Companies impacted by the Silicon Valley Bank (SVB) failure may be concerned about their ability to meet immediate payroll obligations as they await funds from government regulators. Despite regulatory assurances that funds...more

SCOTUS Rules That Worker Who Was Paid High Daily Wage is Non-Exempt and Entitled to Overtime Pay

On February 22, 2023, the Supreme Court of the United States ruled that an employee who is paid a daily rate for each day worked, no matter how high the rate, is not exempt from the overtime provisions of the Fair Labor...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

NLRB Will See a Shift in Majority After Senate Confirms Wilcox and Prouty to Board Seats

Yesterday, the United States Senate confirmed Gwynne Wilcox and David Prouty to seats on the National Labor Relations Board (Board). These confirmations seal the deal on a Democratic majority on the Board and undoubtedly will...more

EEOC Announces New Deadline For Filing 2019 And 2020 Eeo-1 Employer Data

In May of 2020, we reported that the EEOC announced that it would delay collection of 2019 EEO-1 Component 1 data from employers due to the COVID-19 pandemic. The EEOC announced today that collection of 2019 and 2020 EEO-1...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

Employee Files Suit Alleging Employer-Mandated COVID Vaccine Violates Emergency Use Authorization Law

On February 28, 2021, an employee of a county detention center filed suit in federal court in New Mexico seeking an injunction to prevent the employee from being fired for refusing to get a COVID-19 vaccine on the basis that...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

Businesses Face Risk Related to Mandatory Employee Masking Policies

Summary - In a class action lawsuit pending in the United States District Court for the Northern District of California, a consumer-plaintiff alleged that Nike Inc.’s policy requiring employees to wear opaque, Nike-branded...more

DOL Publishes Final Rule on Independent Contractor Classification

Summary - The U.S. Department of Labor (DOL) issued its final rule addressing when a worker will be an independent contractor, rather than an employee, under the Fair Labor Standards Act (FLSA). The final rule largely...more

New Jersey Imposes COVID-19 Standards on Workplaces

As the ongoing pandemic deepens, states across the country continue to struggle to contain the virus and protect their citizens. On October 28, 2020, New Jersey Governor Phil Murphy issued yet another Executive...more

NLRB Adopts Wright-Line Standard in Deciding Whether Employee Outbursts Constitute Protected Activity

The National Labor Relations Board (NLRB) issued its decision in General Motors, LLC and Charles Robinson yesterday (July 21, 2020), providing additional certainty to employers seeking to discipline employees for abusive or...more

OSHA Issues COVID-19 Related FAQs

On July 2, 2020, OSHA published a set of Frequently Asked Questions (FAQs) addressing topics related to COVID-19. The FAQs provide links to a number of employer and employee resources related to workplace safety and health...more

Back to Work – OSHA Issues Guidance on Returning to Work

On Thursday, June 18, 2020, The U.S. Department of Labor – Occupational Safety and Health Administration (OSHA) posted “Guidance on Returning to Work,”....more

Frequently Asked Questions: Coronavirus (COVID-19) and the Workplace

The World Health Organization (WHO) recently designated Coronavirus (COVID-19) as a global pandemic. Leaders in the international health community are taking action to prevent the spread of COVID-19 and contain the outbreak....more

NJ DOL Bills Uber $650M for Misclassified Drivers

The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more

New York City Adopts Law Prohibiting Pre-Employment Testing for Marijuana

In New York City, a law was adopted by administrative action today that prohibits many employers, labor organizations, and employment agencies from conducting pre-employment drug testing for marijuana and THC, the active...more

New Jersey Prohibits Particular Waiver and Non-Disclosure Provisions in Employee Contracts and Settlement Agreements

New Jersey continues to rewrite the employment law landscape under Governor Phil Murphy. On March 18, 2019, the state amended the New Jersey Law Against Discrimination (NJLAD) in two significant ways....more

OSHA Rolls Back Obama-Era Reporting Requirements to Protect Employee Privacy

The Occupational Safety and Health Administration (OSHA) has abandoned yet another Obama-era initiative. On January 24, 2019, it issued a new rule eliminating the controversial requirement that larger employers electronically...more

Federal Judge in N.J. Dismisses Employee's Claim of Failure to Accommodate Medical Marijuana Use

In Cotto v. Ardagh Glass, Inc., plaintiff Daniel Cotto, Jr., a forklift operator, hit his head while working and was sent for a medical examination. Pursuant to Ardagh's policy, Mr. Cotto was required to take a drug test as a...more

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