The Delaware Court of Chancery has been increasingly willing of late to strike down non-compete covenants as overbroad, a trend accompanied by a growing unwillingness to “blue pencil” agreements by narrowing terms to what the...more
On Wednesday, August 2, 2023, the National Labor Relations Board (“the Board”) continued its retreat from many of the decisions issued by its Trump-era iteration. In Stericycle, Inc, 372 NLRB No. 113 (2023), the Board...more
On February 6, 2023, Governor Phil Murphy signed into law a controversial bill that will provide sweeping new protections and an expansion of rights for temporary workers in New Jersey, dubbed the “Temporary Workers’ Bill of...more
In a divided decision handed down yesterday, January 17, the United States Court of Appeals for the D.C. Circuit partially affirmed the decision of a federal District Court eliminating, in part, aspects of an...more
On September 9, 2022, the New Jersey Cannabis Regulatory Commission (Commission) released interim Guidance (Guidance) on the workplace drug testing provisions of the state’s recreational marijuana law, known as the New Jersey...more
The U.S. Department of Labor (“DOL”) published a Final Rule on Monday November 22, 2021 raising the minimum wage for federal contractor employees to $15 an hour. The Rule takes effect on January 30, 2022 and will apply to new...more
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
Last week, the Eastern District of Pennsylvania ruled that an employee whose employment was terminated on the same day she disclosed to her employer that she had tested positive for COVID-19 sufficiently pled a claim of...more
On July 21, 2021, in a 3-1 decision, the National Labor Relations Board (“NLRB”) ruled that a union does not violate federal labor law with the display of the infamous “Scabby the Rat,” and other similar inflatable symbols,...more
The United States Supreme Court (“Supreme Court”) has dealt a blow to organized labor, striking down as unconstitutional a California law that permitted union organizers access to agricultural company land to speak with...more
6/24/2021
/ Agricultural Workers ,
Cedar Point Nursery v Hassid ,
Farm Workers ,
Farms ,
Fifth Amendment ,
Fourteenth Amendment ,
Just Compensation ,
SCOTUS ,
Takings Clause ,
Unions ,
United Farm Workers
On May 17, 2021, the Occupational Safety and Health Administration (OSHA) advised employers to follow the new CDC mask guidance for people fully vaccinated against COVID-19. Although this provides some guidance for...more
On May 3, 2021, Governor Murphy announced that New Jersey, along with New York and Connecticut, would lift many COVID-19 pandemic restrictions affecting the region’s businesses, venues, and gatherings over the course of the...more
On April 13, 2021, the New Jersey Supreme Court unanimously upheld an Appellate Division decision affirming a workers’ compensation order which directed M&K Construction to reimburse a former employee, Vincent Hager, for the...more
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
On Tuesday, the Department of Labor (DOL) announced that it had issued two Notices of Proposed Rulemaking (NPRM) concerning tipped workers’ compensation. If adopted, the NPRM would delay, for a second time, the effective date...more
Governor Phil Murphy signed Executive Order 230 on Thursday, March 11, 2021, that expands capacity limits for a number of social and business activities and events, including indoor and outdoor gatherings, sports activities...more
On March 10, 2021, less than three weeks after New Jersey Governor Phil Murphy signed legislation legalizing recreational marijuana and establishing employee protections for off duty marijuana use, a State lawmaker has...more
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
The Occupational Health and Safety Administration (“OSHA”) now will investigate workers’ complaints of retaliation for reporting alleged money laundering and antitrust-related violations under new whistleblower statutes. On...more
Summary -
Two notable legal developments have occurred in Pennsylvania this fall related to marijuana use by employees....more
Summary -
New Jersey has joined a growing list of states that have legalized recreational marijuana. On Election Day, roughly two-thirds of New Jersey voters said “yes” to a ballot question asking whether the state...more
In a long anticipated move, New Jersey has again acted to provide COVID-19 related benefits to workers throughout the State. New legislation creates a rebuttable presumption that, absent demonstrable proof to the contrary,...more
9/17/2020
/ Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Disability Benefits ,
Essential Workers ,
Executive Orders ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Murphy ,
Healthcare Workers ,
New Legislation ,
Preponderance of the Evidence ,
Rebuttable Presumptions ,
State of Emergency ,
Workers' Compensation Claim
NOTE: On August 3, 2020, a New York federal court invalidated four provisions of the U.S. Department of Labor’s regulations related to the Families First Coronavirus Response Act (H.R. 6201) (FFCRA or Act). Our alert on this...more
NOTE: On August 3, 2020, a New York federal court invalidated four provisions of the U.S. Department of Labor’s regulations related to the FFCRA. The four provisions vacated by the court are the “work availability”...more
9/4/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Field Assistance Bulletins ,
Health Care Providers ,
Intermittent Leave ,
Labor Regulations ,
Paid Leave ,
Paid Time Off (PTO) ,
Required Documentation ,
Sick Leave ,
Wage and Hour
The Equal Employment Opportunity Commission issued two sets of guidance last week, one to employees and one to health care providers, addressing various issues under the Americans with Disabilities Act relating to reasonable...more
8/17/2020
/ Americans with Disabilities Act (ADA) ,
Drug Testing ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health Care Providers ,
New Guidance ,
Opioid ,
Pain Management ,
Prescription Drugs ,
Reasonable Accommodation ,
Substance Abuse