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As most New Jersey employers are already aware, since 2019, the State’s Law Against Discrimination (LAD) prohibits employers from enforcing contract provisions that have the effect of preventing an employee or former employee from discussing any allegations of discrimination, harassment or...

This month’s Friday Five explores decisions from around the country discussing differences between LTD and LWOP policies, the breadth of discretion available to claims administrators and the always important topic of timely action by insurers in issuing claims decisions. The Saul Ewing Employee...

This November, California voters may have the opportunity to replace the controversial Labor Code Private Attorneys General Act (“PAGA”) by voting on a proposed bill that would double penalties for willful labor-law violators, but would eliminate employees’ ability to file private lawsuits on behalf...

On April 24, 2024, the U.S. Department of Justice (DOJ) published in the Federal Register a final rule on Accessibility of Web Information and Services of State and Local Government Entities. These regulations are at 28 C.F.R part 35. The new regulation largely tracks the DOJ’s Notice of Proposed...

On Tuesday, the U.S. Department of Labor (DOL) announced a Final Rule that drastically expands overtime protections to millions of workers across the country. This Rule, which raises the salary threshold for certain exemptions, forces employers to quickly determine whether they will make the...

Non-Compete Clauses Banned By The FTC In January 2023, the Federal Trade Commission (FTC) issued a notice of proposed rulemaking for a comprehensive ban on employee non-compete clauses. The FTC received over 26,000 comments from employees, businesses of all sizes, and other stakeholders in the...

On April 17, 2024 the U.S. Supreme Court resolved a circuit split over the standard to apply to Title VII discrimination cases challenging job transfers, ruling that discriminatory workplace transfers are prohibited even if they do not cause “significant” harm. In a unanimous decision, the Court...

Earlier this week, the Equal Employment Opportunity Commission (EEOC) issued a final rule providing guidance on the Pregnancy Workers Fairness Act (PWFA). The final rule will be published in the Federal Register on April 19 and becomes effective 60 days later. The final rule solidifies the EEOC’s...

In February 2024, the Pennsylvania Supreme Court issued a decision reconciling precedent in Pennsylvania courts regarding claims for tortious interference with employment relationships. Previously, Pennsylvania courts typically limited tortious interference claims to prospective, not current, at...

On March 29, 2024, the Occupational Safety and Health Administration (“OSHA”) issued a final rule amending 29 C.F.R. § 1903.8(c), the regulation that governs whom employees may authorize to accompany an OSHA Compliance Safety and Health Officer (“CSHO”) during a physical inspection of an employer’s...

Over the last decade, Illinois employers have been faced with a rash of class action lawsuits under the Biometric Information Privacy Act (BIPA), causing many employers to pay hefty sums and alter their biometric timekeeping procedures. Now, a different statute may be gaining steam as the new...

This month’s Friday Five covers the treatment of job-related stress in assessing an attorney’s disability, the requirements surrounding the qualifications of a medical professional to review a claimant’s medical records in making disability determinations, the requirements for determining disability...

On March 12, 2024, the Eleventh Circuit affirmed the dismissal of a putative class action wage and hour lawsuit brought by three golf course attendants who volunteered at a public golf course operated by Palm Beach County, Florida and alleged they were not paid minimum wage. The three-judge panel in...

On March 22, 2024, Governor DeSantis signed a Bill that allows Florida teens 16 and 17 years of age to work longer hours. The bill goes into effect July 1, 2024, about a month before many academic years start in Florida. The Bill maintains a 30-hour work week limit for 16- and 17-year-olds when...

This month’s Friday Five covers cases relating to an alleged conflict of interest leading to discovery, two courts’ opposite treatments of subjective pain complaints, a decision that claims of fraud and misrepresentation were not preempted by ERISA and a court’s deference to an insurer’s...

For U.S. employers, staying informed of business immigration updates is critical to ensure compliance with evolving immigration regulations and policy, assess potential risks, attract and retain talent, plan strategically, save costs, and maintain a competitive advantage in today’s global...

This checklist highlights certain considerations for companies preparing to file annual reports on Form 10-K for the calendar year ended 2023 and is intended to serve as a focused resource highlighting changes in disclosure requirements and points of emphasis for the Securities and Exchange...

Maryland’s intermediate court created new and binding precedent for cases related to misappropriation of trade secrets under the Maryland Uniform Trade Secrets Act (“MUTSA”). In the reported opinion of Ingram, et al. v. Cantwell-Cleary Co., Inc., the Appellate Court of Maryland held that customer...

In a recent announcement, U.S. Citizenship and Immigration Services (USCIS) revealed pivotal final rule aimed at fortifying the integrity of the H-1B registration process and minimizing the potential for fraud. This comprehensive update includes beneficiary-centric selection, flexible petition start...

This month’s Friday Five explores decisions regarding the transfer of an ERISA action that was filed in a state where an insurer did not maintain sufficient minimum contacts, an award of attorneys’ fees, costs, and prejudgment interest, deference to an insurer’s interpretation of a plan’s provisions...