A recent decision by the New Jersey Supreme Court makes this a good time for companies using independent contractors to review those arrangements. In East Bay Drywall v. Department of Labor & Workforce Development, the...more
On Thursday, January 13, 2022, the U.S. Supreme Court issued a stay of the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine-or-test Emergency Temporary Standard (ETS). This halts OSHA’s enforcement of...more
1/20/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
General Duty Clause ,
Healthcare Workers ,
Joe Biden ,
OSH Act ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
While there is no specific COVID-19 standard that applies to employers and employees not covered by the recent emergency temporary standard (ETS) applicable specifically to employers with employees working in a healthcare...more
On July 9, 2021, President Biden issued Executive Order 14036, which broadly addresses “promoting competition in the American economy.” In the run-up to and aftermath of this action, many news outlets reported that the...more
As of June 30, 2021, almost 155 million Americans, 46.7% of the population, had been fully vaccinated against COVID-19. The vast majority of those individuals are over age 18, and more than 57% of adults over age 18 in the...more
A federal judge in New York recently invalidated several parts of the U.S. Department of Labor’s (“USDOL”) regulations related to the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act,...more
8/7/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Health Care Providers ,
Labor Regulations ,
Paid Leave ,
Paid Time Off (PTO) ,
Required Documentation ,
Sick Leave ,
Wage and Hour
New Jersey Governor Phil Murphy last week signed into law several bills aimed at combating the misclassification of workers as independent contractors rather than as employees. The new enactments expand the authority of the...more
The U.S. Department of Labor (DOL) has now issued temporary regulations providing guidance on the Families First Coronavirus Response Act (FFCRA), which was signed into law on March 18, 2020, and took effect on April 1, 2020,...more
The worldwide pandemic caused by the coronavirus disease (COVID-19), and the private and public attempts to respond to and slow its spread, have impacted every aspect of personal and economic life. Given the speed with which...more
Now that cases of the coronavirus disease (dubbed “COVID-19” by the World Health Organization) have been diagnosed in several states, businesses are increasingly encountering a variety of employment-related issues. Here are...more
New Jersey Governor Phil Murphy last week signed into law several bills aimed at combating the misclassification of workers as independent contractors rather than as employees. The new enactments expand the authority of the...more
The U.S. Department of Labor (DOL) recently released its long-awaited proposed revisions to the regulations governing the minimum salary requirements applicable to the overtime exemptions for executive, administrative, and...more
3/29/2019
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Proposed Rules ,
Public Comment ,
Wage and Hour ,
White-Collar Exemptions
New Jersey has significantly expanded employers’ obligations to provide job-protected leaves of absence to their employees, as well as the benefits available to employees while on leave. On February 19, 2019, New Jersey...more
The New Jersey Department of Labor and Workforce Development (“NJDOL”) has released its notice poster pursuant to the Earned Sick Leave Law, N.J.S.A. 34:11D-1 et seq. (the “Law”), that takes effect on October 29, 2018. This...more
As mentioned in our prior Alert concerning recent amendments to the state of New York’s laws prohibiting workplace sexual harassment, Mayor de Blasio has similarly followed suit by signing into law multiple bills collectively...more
New York State employers must adopt more stringent anti-sexual harassment policies and procedures under amendments to existing state laws embedded in the state budget signed into law by Governor Andrew Cuomo on April 12,...more
Reversing a decision celebrated by employers in the home care industry, the U.S. Court of Appeals has ruled that home health care agencies must comply with the U.S. Department of Labor’s (“DOL”) 2013 domestic service...more
9/3/2015
/ Appeals ,
Companionship Exemptions ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Home Health Agencies ,
Home Healthcare Workers ,
Minimum Wage ,
Over-Time ,
Recordkeeping Requirements ,
Third-Party Service Provider ,
Wage and Hour
The National Labor Relations Board (“NLRB”) on August 27, 2015, issued a sweeping decision that overturned decades of precedent and created a new standard for determining when two (or more) entities are “joint employers” for...more
9/1/2015
/ Collective Bargaining ,
Employer Liability Issues ,
Franchise Agreements ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Master Service Agreement ,
NLRA ,
NLRB ,
Staffing Agencies ,
Subcontractors ,
Supervision ,
Terms and Conditions ,
Wages
New Jersey has enacted a law prohibiting employers with 15 or more employees from asking about a job applicant’s criminal history until after a first interview, unless the employee voluntarily discloses criminal history...more
As the October 1, 2013, deadline for compliance with certain notification requirements mandated by the Patient Protection and Affordable Care Act (PPACA) approaches, employers are grappling with questions about their...more