On March 25, 2025, the Second Circuit Court of Appeals ruled in Tudor v. Whitehall Central School District, that an employee with a disability may qualify for a reasonable accommodation under the Americans with Disabilities...more
Early this year, the New Jersey Office of the Attorney General and Division on Civil Rights (the “DCR”) issued new guidance (the “Guidance”) addressing how the New Jersey Law Against Discrimination (the “LAD”) applies to...more
On January 15, 2025, the United States Supreme Court ruled in E.M.D. Sales, Inc., et al. v. Carrera et al., that the Fair Labor Standards Act’s (the “FLSA”) exemptions do not require a heightened burden of proof. The decision...more
1/21/2025
/ Appeals ,
Burden of Proof ,
Classification ,
Department of Labor (DOL) ,
EMD Sales Inc v Carrera ,
Employees ,
Employment Litigation ,
Evidentiary Standards ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Over-Time ,
SCOTUS ,
Wage and Hour
Employers with at least 25 employees in New Jersey that do not already offer a qualified retirement plan to employees must take action to facilitate the RetireReady NJ Retirement Savings Program (“RetireReady NJ”)....more
1/14/2025
/ Compliance ,
Employee Benefits ,
Employer Responsibilities ,
Income Taxes ,
Individual Retirement Account (IRA) ,
Internal Revenue Code (IRC) ,
IRS ,
New Legislation ,
Payroll Deductions ,
Penalties ,
Pensions ,
Qualified Retirement Plans ,
Retirement Plan ,
Secure Choice Savings Program ,
State Labor Laws ,
Tax Liability
Federal and state employment laws are constantly evolving and employers must regularly revise their employee handbooks to remain compliant. Below are some key legal developments for New York and New Jersey employers to...more
1/8/2025
/ Anti-Discrimination Policies ,
Dress Codes ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Lactation Accommodation ,
New Jersey ,
New York ,
NJLAD ,
Out-of-State Employees ,
Paid Leave ,
Pregnant Workers Fairness Act ,
State Labor Laws ,
Title VII ,
Workplace Harassment Guidance
Nearly one year after it was signed by Governor Kathy Hochul, the New York Clean Slate Act (the “Act”) took effect on November 16, 2024. Under the Act, New Yorkers are now eligible to have certain conviction records...more
12/3/2024
/ Background Checks ,
Criminal Convictions ,
Criminal Records ,
Felonies ,
Human Rights ,
Misdemeanors ,
Negligent Hiring ,
New York ,
Sealed Records ,
State Labor Laws ,
Wage and Hour
On November 18, 2024, Governor Phil Murphy signed into law A4151/S2310, which will require employers to provide pay transparency for employment opportunities advertised internally or externally to the general public. The new...more
11/26/2024
/ Disclosure Requirements ,
Employer Liability Issues ,
Governor Murphy ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Job Promotions ,
Labor Reform ,
New Jersey ,
Pay Discrimination ,
Pay Transparency ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
On November 15, 2024, in State of Texas, et al. v. United States Department of Labor, the U.S. District Court for the Eastern District of Texas vacated the U.S. Department of Labor’s (“DOL”) April 23, 2024 final rule that...more
On August 23, 2024, in Restaurant Law Center v. U.S. Department of Labor, the U.S. Court of Appeals for the Fifth Circuit vacated the U.S. Department of Labor’s (“DOL”) December 2021 final rule that had set strict limits on...more
8/29/2024
/ Chevron Deference ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Loper Bright Enterprises v Raimondo ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
On August 20, 2024, in Ryan LLC v. Federal Trade Commission, Judge Ada Brown of the U.S. District Court for the Northern District of Texas barred the Federal Trade Commission’s (“FTC”) Non-Compete Rule (the “Rule”) from...more
8/22/2024
/ Arbitrary and Capricious ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
FTC Act ,
Injunctions ,
Lack of Authority ,
Non-Compete Agreements ,
Restrictive Covenants ,
Statutory Authority ,
Texas ,
Unfair Competition
On July 23, 2024, the U.S. District Court for the Eastern District of Pennsylvania considered another challenge to the Federal Trade Commission’s (“FTC”) Non-Compete Rule (the “Rule”) banning the vast majority of non-compete...more
In a recent unpublished decision, the New Jersey Appellate Division considered whether employers are required to reimburse employees for business related expenses under the New Jersey Wage Payment Law (“NJWPL”) in Sands v....more
On July 3, 2024, in Ryan LLC v. Federal Trade Commission, Judge Ada Brown of the U.S. District Court for the Northern District of Texas issued a preliminary injunction against the enforcement of the Federal Trade Commission’s...more
Almost all decision makers at companies can agree that having the right people for the job is paramount to running a successful operation. Many of these decisionmakers believe that having a robust and legally compliant DEI...more
On April 20, 2024, New York Governor Kathy Hochul signed into law New York State’s Budget for fiscal year 2025. The new Budget includes a few key bills impacting New York employers and employees alike, as stated in depth...more
New York City’s Department of Consumer and Worker Protection (“DCWP”) unveiled its Workers’ Bill of Rights website on March 1, 2024. The Workers’ Bill of Rights outlines rights and protections for employees, independent...more
On January 12, 2024, New Jersey Governor Phil Murphy signed the New Jersey Domestic Workers Bill of Rights Act (S-723/A-822) (the “Act”) into law. The new law not only supports domestic workers’ rights and expands their legal...more
Despite previously vetoing the legislation, Governor Kathy Hochul signed the Freelance Isn’t Free Act (the “Act”) into law on November 22, 2023. The Act is similar to New York City’s law bearing the same name, which has been...more
2/2/2024
/ Anti-Discrimination Policies ,
Contract Terms ,
Freelance Isn't Free Act (FIFA) ,
Freelance Workers ,
Independent Contractors ,
Labor Law Violations ,
Misclassification ,
New York ,
NYDOL ,
Penalties ,
State Labor Laws
A SNAPSHOT OF WHAT YOU NEED TO KNOW-
• New York Governor Kathy Hochul recently signed into law two bills impacting employment discrimination protections in the State.
• The first bill prohibits liquidated damages and...more
On January 9, 2024, the United States Department of Labor (“DOL”) released a final rule (the “Final Rule”) setting forth new standards for determining whether an individual may be classified as an independent contractor under...more
1/17/2024
/ Congressional Review Act ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Independent Contractors ,
Misclassification ,
Tax Penalties ,
Totality of Circumstances Test ,
Wage and Hour
In much-anticipated legislation, on December 22, 2023, Governor Kathy Hochul vetoed Senate Bill S3100 (the “Bill”), which, as we previously reported, would have essentially banned all non-compete agreements in New York State....more
On June 29, 2023, the United States Supreme Court ruled in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College that race-conscious admissions programs at Harvard College and the University of North...more
12/13/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Fourteenth Amendment ,
Hiring & Firing ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Title VII ,
Wage and Hour
On October 2, 2023, the United States Equal Employment Opportunity Commission (“EEOC”) issued its long-awaited proposed guidance regarding harassment in the workplace (the “Guidance”). In January 2017, the EEOC published...more
10/18/2023
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEO ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hostile Environment ,
Sexual Orientation ,
Title VII ,
Workplace Harassment Guidance
In recent weeks, New York enacted various employment laws that provide additional protections for New York employees. After reviewing the below, which summarizes the new laws in descending order of effective date, employers...more
10/5/2023
/ Assignment of Inventions ,
Corporate Counsel ,
Eligibility ,
Employee Privacy Rights ,
Employment Contract ,
Human Rights ,
Inventions ,
Minimum Wage ,
New York ,
Notice Requirements ,
Political Speech ,
Religious Expression ,
Social Media ,
State Labor Laws ,
Unemployment Benefits ,
Wage Theft
On August 14, 2023, the New Jersey Supreme Court issued an opinion in Crisitello v. St. Theresa School finding in favor of a catholic school that was sued for pregnancy and marital-status discrimination by a former teacher...more