Blog Post
09/14/2021
By Jason Tremblay and Ruth A. Rauls and Kevin M. Levy

On September 9, 2021, President Biden announced a series of federal COVID-19 mitigation efforts, which represent an invigorated national approach to reduce COVID-19 transmission and rapidly increase vaccination rates across the country. In addition to a pair of executive orders issued by the President, the Department of Labor (through the Occupational Safety and Health Administration (OSHA)), the Centers for Medicare & Medicaid Services (CMS), the Departments of Defense, Education, the Interior (through the Bureau of Indian Education), Health and Human Services, Transportation, and Homeland Security will all be issuing a variety of executive actions to implement the President’s new “Path Out of the Pandemic COVID-19 Action Plan.”

Blog Post
08/24/2021
By Bruce D. Armon and Ruth A. Rauls

In what has become a national trend, the Garden State has issued an executive order requiring that certain health care entities and high-risk congregate settings implement a vaccination or test policy.  Executive Order 252 goes into effect on September 7, 2021, and requires “covered workers” to either provide proof of vaccination or submit to COVID-19 testing until fully vaccinated.  This is yet another action by New Jersey to push eligible individuals to get vaccinated.  Click

Blog Post
08/24/2021
By Zachary Kimmel

In a matter of first impression, Pennsylvania’s Appellate Court issued a decision affirming a private right of action under Pennsylvania’s Medical Marijuana Act (“MMA”) and permitting a claim to proceed for wrongful discharge in violation of Pennsylvania public policy. The Appellate Court’s decision in Palmiter answered two questions creating binding precedent and opening the door to prospective plaintiffs asserting discrimination claims under the MMA. In rendering the decision, the Appellate Court made clear that the MMA, although not expressly, implicitly calls for a private right of action to effectuate its purpose. Further, it held that an employee can assert a wrongful discharge claim in violation of public policy based on the allegation that the employee was discriminated against due to their status as an individual who is certified to use medical cannabis.

Blog Post
08/23/2021
By Zachary Kimmel

On July 2, 2021, New Jersey’s Appellate Court upheld a ruling in Kennedy v. Weichert finding that the State’s ABC Test for deciding workers’ employment status applies to classification disputes made under New Jersey’s Wage Payment Law (“WPL”).

Blog Post
08/16/2021
By Robert L. Duston

This is the first in a series on key issues regarding the “Return to Office.” We started planning this series earlier this summer and, like many of our clients’ plans, it got delayed and kept evolving. We recognize that a significant number of employers have been back to work since spring 2020 -- all of those frontline employees who have been providing essential and critical services. But even for those employers, many of their white collar workers and managers have been working from home for almost 18 months, along with the millions of other workers and professionals in numerous industries. Until recently, there was a general consensus around soft openings during the summer and the re-opening of offices after Labor Day. Then the new Delta Variant got worse, and the CDC changed its advice.

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