Blog Post
By Ruth A. Rauls and Erik P. Pramschufer

In a matter of first impression, the New Jersey Appellate Division issued a decision invalidating a recently enacted provision of the New Jersey Law Against Discrimination (“LAD”) which prohibited arbitration of LAD claims. The Appellate Division determined this provision of LAD was preempted by the Federal Arbitration Act (“FAA”) because the state and federal laws conflicted. The Appellate Division left other provisions of the amendment intact.

Blog Post
By Hector Galeano and Cynthia Gomez

The H-1B program allows U.S. employers to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. H-1B specialty occupations may include fields such as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.

Blog Post
By Jason Tremblay and Alexander Reich

What’s Next for Employers After SCOTUS’ Decisions on the OSHA ETS Mandate and the CMS Rule?

On January 13, 2022, the U.S. Supreme Court reinstituted the stay of the federal vaccine or testing mandate, effectively killing the rule that would have obligated all companies with more than 100 employees to require their employees to be fully vaccinated against COVID-19 or undergo weekly testing. Concurrently, the Court upheld a similar mandate applying only to certain healthcare employers.

The 100+ Employee Vaccination or Weekly Testing Mandate

Blog Post
By Dena B. Calo and Erik P. Pramschufer

As service industry employers are aware, the Fair Labor Standards Act (FLSA) and its implementing regulations issued by the U.S. Department of Labor (DOL) allow for employers to take a credit against their minimum wage obligations if an employee regularly receives tips. This is referred to as a “tip credit.”