Last week, the National Labor Relations Board (“Board”) issued a decision changing the legal standard it will use to determine whether workers are “employees” covered by the National Labor Relations Act (“NLRA”), or...more
Companies impacted by the Silicon Valley Bank (SVB) failure may be concerned about their ability to meet immediate payroll obligations as they await funds from government regulators. Despite regulatory assurances that funds...more
Companies impacted by the Silicon Valley Bank (SVB) failure may be concerned about their ability to meet immediate payroll obligations as they await funds from government regulators. Despite regulatory assurances that funds...more
On February 22, 2023, the Supreme Court of the United States ruled that an employee who is paid a daily rate for each day worked, no matter how high the rate, is not exempt from the overtime provisions of the Fair Labor...more
2/28/2023
/ Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
SCOTUS ,
Wage and Hour
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
Yesterday, the United States Senate confirmed Gwynne Wilcox and David Prouty to seats on the National Labor Relations Board (Board). These confirmations seal the deal on a Democratic majority on the Board and undoubtedly will...more
In May of 2020, we reported that the EEOC announced that it would delay collection of 2019 EEO-1 Component 1 data from employers due to the COVID-19 pandemic. The EEOC announced today that collection of 2019 and 2020 EEO-1...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 February 28, 2021, an employee of a county detention center filed suit in federal court in New Mexico seeking an injunction to prevent the employee from being fired for refusing to get a COVID-19 vaccine on the basis that...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
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In a class action lawsuit pending in the United States District Court for the Northern District of California, a consumer-plaintiff alleged that Nike Inc.’s policy requiring employees to wear opaque, Nike-branded...more
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The U.S. Department of Labor (DOL) issued its final rule addressing when a worker will be an independent contractor, rather than an employee, under the Fair Labor Standards Act (FLSA). The final rule largely...more
As the ongoing pandemic deepens, states across the country continue to struggle to contain the virus and protect their citizens. On October 28, 2020, New Jersey Governor Phil Murphy issued yet another Executive...more
The National Labor Relations Board (NLRB) issued its decision in General Motors, LLC and Charles Robinson yesterday (July 21, 2020), providing additional certainty to employers seeking to discipline employees for abusive or...more
On July 2, 2020, OSHA published a set of Frequently Asked Questions (FAQs) addressing topics related to COVID-19. The FAQs provide links to a number of employer and employee resources related to workplace safety and health...more
On Thursday, June 18, 2020, The U.S. Department of Labor – Occupational Safety and Health Administration (OSHA) posted “Guidance on Returning to Work,”....more
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
The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more
11/20/2019
/ ABC Test ,
Appeals ,
Back Taxes ,
Corporate Counsel ,
Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Tax ,
Enforcement Actions ,
Freelance Workers ,
Gig Economy ,
Income Taxes ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
NYDOL ,
On-Demand Services ,
Over-Time ,
Popular ,
State and Local Government ,
Summary Judgment ,
Tax Penalties ,
Uber ,
Wage and Hour
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 Occupational Safety and Health Administration (OSHA) has abandoned yet another Obama-era initiative. On January 24, 2019, it issued a new rule eliminating the controversial requirement that larger employers electronically...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