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
8/11/2020
/ Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Field Assistance Bulletins ,
Furloughs ,
Governor DeSantis ,
Intermittent Leave ,
Layoffs ,
Paid Sick Leave ,
Payroll Taxes ,
Public Health Emergency ,
Quarantine ,
Recordkeeping Requirements ,
Social Distancing ,
Temporary Regulations
This alert incorporates the guidance issued by the United States Department of Labor (DOL) on March 28, 2020, and updated on March 29, 2020, in addition to the regulations published by the DOL on April 6, 2020, other DOL FAQ...more
Updated May 11, 2020 -
This alert incorporates the guidance issued by the United States Department of Labor (DOL) on March 28, 2020, and updated on March 29, 2020, in addition to the regulations published by the DOL on...more
Updated April 24, 2020 -
This alert incorporates the guidance issued by the United States Department of Labor (DOL) on March 28, 2020, and updated on March 29, 2020, in addition to the regulations published by the DOL on...more
The New Jersey Department of Labor (NJDOL), which runs the New Jersey Unemployment Insurance Program in New Jersey, has created a page with unemployment benefits information related to the COVID-19 pandemic....more
Tuesday evening, April 14, 2020, New Jersey Governor Murphy signed into law Bill No. S2333, which provides health care professionals, facilities, and systems civil immunity for care given to those affected by COVID-19. The...more
On April 14, 2020, Governor Murphy signed into law a package of bills introduced in the New Jersey State Senate on April 9, in response to the COVID-19 outbreak. ...more
In a continuing battle to limit the spread of COVID-19 throughout the state, on Sunday, April 12, Governor Murphy issued another order, Executive Order 125, implementing additional requirements for restaurants, bars,...more
In addition to dealing with the “new normal” of shuttered workplaces, remote employees, layoffs, pay reductions, and new state and federal legislation seemingly on a daily basis, employers should anticipate a torrent of...more
On April 8, 2020, Governor Murphy signed Executive Order No. 122 (the Order) strengthening mitigation requirements on essential retail, manufacturing, and warehousing businesses and certain building owners, while also banning...more
On March 19, 2020, the New Jersey State Legislature sent Governor Phil Murphy a package of bills in response to the COVID-19 outbreak. Several of these bills are aimed at protecting employees and employers affected by...more
Following its detailed and frequently updated FAQs on the Families First Coronavirus Response Act (FFCRA), discussed in detail here, the Department of Labor issued temporary regulations on April 1, providing further guidance...more
This alert incorporates the guidance issued by the United States Department of Labor (DOL) on March 28, 2020 and updated on March 29, 2020, with our prior alerts related to FFCRA leave. We have removed those prior FFCRA...more
3/31/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Financial Stimulus ,
New Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
The U.S. Department of Labor (DOL) issued the first in what is anticipated to be a series of guidance regarding the leave provisions contained in the Families First Coronavirus Response Act (FFCRA)....more
3/27/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Financial Stimulus ,
New Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
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
3/13/2020
/ Attendance ,
Best Practices ,
Business Continuity Plans ,
Business Travel ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Immigration Procedures ,
Infectious Diseases ,
Medical Leave ,
Military Leave ,
Policies and Procedures ,
Preventive Health Care ,
Public Health ,
Quarantine ,
Risk Management ,
Sick Leave ,
Traveling Employee ,
Wage and Hour ,
Workplace Safety
On Monday, June 3, 2019, the U.S. Supreme Court issued a decision in Fort Bend County v. Davis, unanimously finding that Title VII’s administrative exhaustion requirement is not jurisdictional and that employers may forfeit...more
6/5/2019
/ Administrative Procedure ,
Appeals ,
Certiorari ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Exhaustion Doctrine ,
Federal Rules of Civil Procedure ,
Fort Bend County Texas v Davis ,
Jurisdiction ,
SCOTUS ,
Split of Authority ,
Title VII
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 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
3/20/2019
/ Amended Legislation ,
Anti-Retaliation Provisions ,
Arbitration Agreements ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Contract ,
Non-Disclosure Agreement ,
Private Right of Action ,
Settlement Agreements ,
State and Local Government ,
Unenforceable Contract Terms ,
Waivers
The Governor of New Jersey on February 19, 2019, signed legislation that greatly expands the protections and benefits of the New Jersey Family Leave Act and the New Jersey Temporary Disability Benefits Law. Employers should...more
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
8/16/2018
/ Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Failure to Accommodate ,
Federal v State Law Application ,
Labor Law Violations ,
Medical Marijuana ,
Prescription Drugs ,
State and Local Government ,
State Labor Laws
The U.S. Supreme Court now has a greater incentive to resolve the issue of whether Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sexual orientation....more
3/1/2018
/ Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender Identity ,
Gender Neutral ,
Hiring & Firing ,
LGBTQ ,
Protected Class ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
The Department of Transportation (DOT) recently added four drugs at the heart of the nation's opioid epidemic to its drug testing panels: hydrocodone, hydromorphone, oxycodone and oxymorphone—the central ingredients in such...more
2/1/2018
/ Americans with Disabilities Act (ADA) ,
Commercial Truck Drivers ,
Department of Transportation (DOT) ,
Disability Discrimination ,
Drug & Alcohol Abuse ,
Drug Testing ,
Employer Liability Issues ,
Opioid ,
Pain Management ,
Pharmaceutical Industry ,
Prescription Drugs ,
Public Safety ,
Risk Management ,
Substance Abuse ,
Transportation Industry ,
Trucking Industry
Sexual harassment has been headline news for many months now. It is almost impossible to go more than a few days without the headlines reporting another high-profile resignation or firing due to harassment allegations....more
1/22/2018
/ Anti-Harassment Policies ,
Civil Rights Act ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Harassment ,
Hostile Environment ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
Title VII ,
Tone At The Top
Governor Phil Murphy—officially in office just two days—has already begun to implement many of the "progressive" policy changes he promised on the campaign trail and transform New Jersey into the "California of the East."...more
1/19/2018
/ Decriminalization of Marijuana ,
Executive Orders ,
Gender-Based Pay Discrimination ,
Governors ,
Legislative Agendas ,
LGBTQ ,
Local Governance ,
Marijuana ,
Minimum Wage ,
Minority-Owned Businesses ,
Paid Time Off (PTO) ,
Pay Gap ,
Salary/Wage History ,
Sick Leave ,
State and Local Government ,
State Elections ,
State Labor Laws ,
Unions ,
Wage and Hour ,
Women-Owned Businesses
The New Jersey Law Against Discrimination (NJLAD) was amended to prohibit employers from discriminating against women who breastfeed or express milk during breaks....more