The Supreme Court of New Jersey recently issued a decision in Savage v. Twp. Of Neptune, (A-2-23)(087229), 257 N.J. 204 (2024) (slip. op.) holding the parties’ non-disparagement provision to be unenforceable as it was found...more
On May 13, 2024, the New Jersey Supreme Court in Kennedy, II v. Weichert Co., (A-48/49-22) (No. 087975), N.J. (slip op.) held real estate salespersons to be independent contractors under certain circumstances. Specifically,...more
On February 20, 2024, New Jersey’s Division on Civil Rights published its long-awaited “Frequently Asked Questions” (FAQs) regarding New Jersey’s Family Leave Act (FLA). They can be found here. New Jersey’s FLA provides...more
New procedural requirements for employers in New Jersey regarding the state’s unemployment benefits law became effective July 31, 2023. New Jersey’s Department of Labor and Workforce Development (DOLWD) now requires employers...more
On June 29, 2023, in a unanimous opinion, the U.S. Supreme Court issued its long-anticipated decision in Groff v. DeJoy Postmaster General, clarifying an employer’s obligations to accommodate employees’ religious practices....more
On June 29, 2023, the United States Supreme Court considered whether race conscious admission decisions by Harvard and the University of North Carolina were lawful under the Equal Protection Clause of the Fourteenth...more
8/10/2023
/ Affirmative Action ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Universities
The Third Circuit Court of Appeals recently issued a ruling in Singh v. Uber Technologies Inc. holding that Uber drivers are subject to the Federal Arbitration Act (“FAA”) since they do not belong to a “class of workers...more
Confidentiality and Non-Disparagement Clauses Violate Section 7 Rights - On February 21, 2023, in McLaren Macomb, the National Labor Relations Board (NLRB or the Board) reversed its previous position taken in Baylor...more
In a recent decision, the New Jersey Appellate Division held in Kennedy v. Weichert Co., No. A-0518-19, __N.J.__ (App. Div. Jan. 30, 2023) (slip. op.), that the “ABC Test” (described here) does not apply when determining...more
On January 5, 2023, the Federal Trade Commission (FTC) issued a Proposed Rule to ban employers from entering into non-competition agreements (also known as restrictive covenants) with their workers. A copy of the proposed...more
Division of Civil Rights Poster Requirements - In a previous client alert, we discussed that on Aug. 1, 2022, the New Jersey Division on Civil Rights (DCR) updated its regulations concerning the “Display of Official Posters...more
On August 26, 2022, the Third Circuit Court of Appeals issued a ruling in Crosbie v. Highmark Inc., _ F.4th_ (3d Cir. Aug. 26, 2022), holding that, an employee who makes a whistleblowing claim is not insulated from being...more
On August 1, 2022, the New Jersey Division on Civil Rights (“DCR”) updated its regulations concerning the “Display of Official Posters of the Division on Civil Rights.” This regulation requires “employers, housing providers,...more
On August 2, 2022, the New Jersey Supreme Court issued a ruling in E. Bay Drywall, LLC v. Dep't of Labor & Workforce Dev., __N.J.__ (Aug. 2, 2022)(slip. op.), concerning the complexities of worker classification under the...more
On May 25, 2022, the Essex County Superior Court in Sellino v. Galiher, et al., ESX-L-8519-21 (N.J. Super. Ct. May 25, 2022) denied the defendants’ motion to compel arbitration in a sexual harassment case, determining that...more
On May 25, 2022, the Third Circuit Court of Appeals issued a decision in Groff v. Dejoy, 35 F.4th 162 (3d Cir. 2022). A copy of the opinion can be found here. This case arose from a religious discrimination lawsuit filed by...more
On June 9, 2022, the New Jersey District Court in Portillo v. Nat’l Freight, Inc., 15-cv-07908, 2022 U.S. District. LEXIS 103186 (D.N.J. June 9, 2022) determined that roughly 250 drivers for trucking company National Freight,...more
On January 15, 2022, New York City enacted a new law amending Section 8-107 of the New York City Administrative Code which requires New York City employers to disclose salary ranges for each job posting it advertises....more
On February 10, 2022, the U.S. Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R.4445), previously passed by the House of Representatives on February 7, 2022. The Act, if...more
In our last alert, we discussed the Sixth Circuit dissolving the Fifth Circuit’s nationwide injunction on OSHA’s Emergency Temporary Standard (“ETS”) and that the Supreme Court (“the Court”) would be holding a special hearing...more
1/24/2022
/ Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Compliance Dates ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Interim Final Rules (IFR) ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 13, 2021, the Commissioner of the Department of Health and Mental Hygiene issued an order requiring that all private sector employees be fully vaccinated against COVID-19. ...more
12/24/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Local Ordinance ,
New York ,
Public Health Emergency ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
In the beginning of last week, the courts were busy hearing challenges to various COVID-19 vaccine mandates. Here’s what we know: preliminary injunctions have been granted to halt enforcement of the Centers for Medicare...more
Background - On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS) ( 29 C.F.R. Part 1910.501), stemming from President Biden’s strategic plan, Path Out of...more
On October 28, 2021, the Equal Employment Opportunity Commission (EEOC) issued new guidance concerning religious accommodations in response to the Occupational Safety and Health Administration’s pending Emergency Temporary...more
On September 9, 2021, President Joe Biden issued a strategic plan, Path Out of the Pandemic, which includes a requirement upon larger-sized private employers to issue vaccine mandates to their workforce or be faced with...more