On February 6, 2023, New Jersey’s Governor Phil Murphy signed the Temporary Laborers’ Bill of Rights into law, which will impact over 127,000 temporary workers in the state as well as their employers. Most provisions of this...more
4/21/2023
/ Employee Rights ,
Employees ,
Employer Liability Issues ,
Joint Employers ,
Labor Reform ,
New Jersey ,
New Legislation ,
Staffing Agencies ,
State Labor Laws ,
Temporary Employees ,
Wage and Hour
On March 22, 2023, NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 23-05 (the “Memorandum”) offering guidance to Regional Directors for interpreting the National Labor Relations Board’s (the “NLRB” and the “Board”)...more
4/3/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Former Employee ,
Hiring & Firing ,
Labor Reform ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Section 7 ,
Severance Agreements ,
Unfair Labor Practices
Start-up, emerging, middle market and other companies and their founders, executives, and investors, are facing heightened demands in the wake of recent developments involving Silicon Valley Bank (SVB) and Signature Bank. You...more
The National Labor Relations Board (NLRB) is currently seeking public comment on its proposed rule change that would expand the scope of joint-employer liability under the National Labor Relations Act (NLRA). If implemented,...more
10/3/2022
/ Browning-Ferris Industries of California Inc. ,
Comment Period ,
Employer Liability Issues ,
Federal Labor Laws ,
Joint Employers ,
Labor Reform ,
NLRA ,
NLRB ,
Proposed Rules ,
Public Comment ,
Regulatory Agenda ,
Wage and Hour
Nelson Mullins is continuously monitoring trends and state law changes regarding restrictive covenants in employment agreements. Several states have recently enacted or modified legislation that may significantly restrict an...more
6/30/2022
/ Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Labor Reform ,
Legislative Agendas ,
New Legislation ,
Non-Compete Agreements ,
Pending Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
State Labor Laws ,
Wage and Hour
The U.S. Department of Labor published “Fact Sheet #280: Mental Health Conditions and the FMLA” in May 2022, to explain leave eligibility under the Family and Medical Leave Act (FMLA) for use related to an employee’s own...more
6/29/2022
/ Americans with Disabilities Act (ADA) ,
Department of Labor (DOL) ,
Eligibility Determination ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
New Guidance ,
Reasonable Accommodation ,
Regulatory Standards ,
Wage and Hour
Please join the Nelson Mullins Employment and Labor Group for a webinar on mediation best practices, featuring Steve Dunn of Miles Mediation. In a roundtable-style discussion, the panelists, including Steve Dunn, Erika Birg,...more
In early May 2022, the New Jersey Legislature introduced a comprehensive bill seeking to regulate and limit the use of non-compete agreements in a multitude of ways. Importantly, if enacted Bill A3715 would require employers...more
On January 15, 2021, the New York City Council enacted Local Law 32 (the “Salary Transparency Act”) amending the New York City Human Rights Law to require employers to state the minimum and maximum salary for any position...more
5/6/2022
/ Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New York ,
NYCHRL ,
Pay Transparency ,
Salaried Employees ,
Wage and Hour
On January 13, 2022, the U.S. Supreme Court blocked OSHA’s “vaccine or test” Emergency Temporary Standard (“ETS”) mandate in a split 6-3 decision. Without the ETS, employers are not required to mandate vaccinations, but...more
1/21/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The New York City Council passed a bill on December 15, 2021 that requires job postings to include the minimum compensation for the job and will likely restrict the range of permissible content for job listings posted in the...more
A divided three-judge panel of the U.S. Court of Appeals for the 6th Circuit dissolved the 5th Circuit Court of Appeal’s stay of OSHA’s Emergency Temporary Standard (“ETS”) with respect to COVID-19 on Dec. 17, effectively...more
In a decision from the New Orleans-based Fifth Circuit, in a bid to block the company’s COVID-19 vaccine mandate, a divided court rejected an emergency request for an injunction from United Airlines employees. The request...more
Last month, New York Governor Kathy Hochul signed a new law requiring private employers that meet certain criteria to automatically enroll their employees in the State’s Secure Choice Savings Program (the “Program”), a...more
The U.S. Department of Labor issued on Nov. 4 the long-awaited emergency rule implementing President Biden’s mandate that employers of 100 or more employees company-wide (at any time the emergency rule is in effect) require...more
Please join Nelson Mullins attorneys Kristin Ahr, Colin Barnacle, Mitch Boyarsky, Ginger Boyd, Bret Cohen, and Chris Eby for a discussion on what employers need to know about OSHA's long-awaited COVID-19 mandate and other...more
11/8/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Employment Policies ,
Federal Contractors ,
Healthcare Facilities ,
OSHA ,
Vaccinations ,
Virus Testing ,
Webinars ,
Workplace Safety
A unanimous panel of the U.S. Court of Appeals for the First Circuit recently affirmed the Maine District Court’s denial of a motion for a preliminary injunction challenging Maine’s COVID-19 vaccination mandate for health...more
California, effective 2022, will prohibit employers from incorporating non-disclosure and non-disparagement clauses in agreements signed on or after Jan. 1, 2022 unless they allow employees to discuss or disclose information...more
Please join Nelson Mullins attorneys Mitch Boyarsky, Ann Murray, Robert Sheridan, and Phil Strach for a one-hour presentation, "Employer's Legal Consideration for Vaccine Mandate in the Workplace." We hope you can join us!...more
The U.S. Department of Labor’s Occupational Safety Health Administration (OSHA) issued new guidance on Aug. 13, 2021, which provides recommendations for employers to prevent COVID-19 exposure in the workplace. The latest...more
On July 6, 2021, pursuant to the New York Health Essential Rights Act (HERO Act), the New York Department of Labor (NYDOL) published a (1) Minimum Standard and (2) Model Plan for airborne infectious disease exposure...more
President Biden on July 9 signed a sweeping Executive Order targeting issues of competition for American businesses by directing several federal agencies – including the Federal Trade Commission (FTC) in conjunction with the...more
Without a decisive legal pronouncement by the federal government permitting employers to institute a vaccine mandate, employers should continue exercising caution to avoid potential legal pitfalls when devising a vaccine...more
Mayor Bill De Blasio signed into law two bills on January 5, 2021, 1396-A and 1415-A as introduced in 2019, regulating employment in the fast food industry. The bills create limitations that affect hiring, firing,...more
2/22/2021
/ City of New York ,
Employee Rights ,
Employer Responsibilities ,
Employment Policies ,
Fast-Food Industry ,
Food Service Workers ,
Hiring & Firing ,
Mayor de Blasio ,
Restaurant Industry ,
State and Local Government ,
Wage and Hour
On April 3, 2020, New York State enacted a paid sick leave law (“NY PSLL”) requiring many employers to provide paid sick leave. Under the NY PSLL, covered employees begin accruing sick leave on Sept. 30, 2020, but may only...more