Published: September 24, 2020

Mandatory arbitration provisions are common features of employment agreements, particularly for large employers. At the same time employers have consistently become more and more reliant on technology and electronic management and training tools for communicating policies to employees. These two initiatives clashed in the case Skuse v. Pfizer, Inc., where the New Jersey Appellate Division initially refused to uphold Pfizer’s arbitration agreement that was e-mailed to employees and contained within an electronic training module. On August 18, 2020, the New Jersey Supreme Court issued the final word, finding that an employee was bound by the arbitration provision by electronically clicking on an “acknowledgment” that she would be bound by the agreement if she continued working.

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Published: September 23, 2020

Please join us as the Firm’s Labor & Employment Practice hosts our Annual Executive Series in Labor and Employment Law on Wednesday, October 21, 2020. Attorneys in our Labor & Employment Practice will discuss the intersection between the Families First Coronavirus Response Act (“FFCRA”), the Family and Medical Leave Act (“FMLA”), the Americans with Disabilities Act (“ADA”), and new and existing state leave laws. Following our substantive presentation, we will lead a series of dynamic roundtable discussions focused on issues impacting your workplace.

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Published: September 21, 2020

The coronavirus pandemic has created myriad grey areas and confusion for even the most agile and adaptive employers. Business owners and managers attempting to adapt to the “new normal” face daily questions and concerns about employee leaves and benefits related to COVID-19, which are impacted by ever-changing government guidance, executive orders, and employment laws.

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Published: September 17, 2020

Several labor and employment laws affecting Maryland employers will go into effect on October 1, 2020. These laws include: tougher requirements under the State’s “Mini-WARN” Act; a CROWN Act, which expands the law to prohibit discrimination based on hair style; an amendment to the Equal Pay for Equal Work law; and a ban on salary history inquiries.

Maryland’s Mini-WARN Act

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Published: September 1, 2020

Employers nationwide who underwent temporary layoffs, furloughs and/or employee schedule reductions due to the coronavirus pandemic must be on the lookout for a new wave of federal WARN Act notices that are likely coming due this Fall. Additional notices may be required for covered employers under who, according to the federal WARN Act, engaged in certain employment decisions that have lasted longer than 6 months and result in “employment loss” for full time employees, which is broadly defined.

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Published: August 17, 2020

On August 3, 2020, the Federal District Court for the Southern District of New York determined that the Department of Labor (DOL) overstepped its authority with respect to certain key regulations promulgated under the Families First Coronavirus Relief Act (FFCRA). The State of New York sued the DOL in federal court arguing the DOL’s interpretation of the FFCRA unlawfully narrowed workers’ eligibility for leave provided under FFCRA. The court sided with New York and vacated the portions of the Final Rule related to: (1) the “work-availability” requirement; (2) the definition of “health care provider;” (3) the provisions relating to intermittent leave; and (4) the documentation requirements. For now, this decision only impacts the Southern District of New York, as we wait to see if the DOL will appeal to the Second Circuit or revise portions of the Final Rule.
 

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