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New Guidance for Employers on Severance/Separation Agreements The National Labor Relations Board’s recent McLaren Macomb decision, discussed here , regarding the lawfulness of confidentiality and non-disparagement provisions in severance agreements, left several unanswered questions. NLRB General...
The continued efforts of the National Labor Relations Board (NLRB) to roll back pro-employer rulings issued during the Trump Administration took a big jump forward recently when the Board effectively barred the use of certain types of confidentiality and non-disparagement provisions in severance...
Last week, in Helix Energy Solutions Group, Inc. v. Hewitt, the Supreme Court reminded employers that high-earning professionals are only exempt from overtime under the FLSA if they are paid on a salary basis. The case concerned Michael Hewitt, an oil rig worker who earned over $200,000 annually...
On February 17, 2023, in Cothron v. White Castle System, Inc., 2023 IL 128004, the Illinois Supreme Court issued a sweeping decision concerning the Illinois Biometric Information Privacy Act (“BIPA”), which restricts the collection, retention, and disclosure of any “retina or iris scan, fingerprint...
On February 14th the NY Court of Appeals held that including additional information, such as bankruptcy disclosures, debt collection disclosures and service members' disclosures, in a 90-day preforeclosure notice is permissible and does not void such notice pursuant to Section 1304 of the New York...
The EB-5 Reform and Integrity Act of 2022 (“RIA”) notes that “[a]n alien seeking to pool his or her investment with 1 or more additional aliens seeking classification under section 203(b)(5) shall file for such classification in accordance with section 203(b)(5)(E), or before the date of the...
After nearly three years of waiting and speculation, the amended New Jersey WARN Act that was first signed into law in January 2020, will finally become effective on April 10, 2023. The amended New Jersey WARN Act, also known as the Millville Dallas Airmotive Plant Job Loss Notification Act (...
It is a new year, and there are new requirements in New York and on the federal level for employers to accommodate employees expressing milk following the birth of a child. New York In December, New York passed a law that imposes new obligations on employers providing lactation accommodations. The...
With a passing vote from both the Illinois House and Senate on January 10, 2023, the new “Paid Leave for All Workers Act” is primed to become a new law guaranteeing almost all Illinois workers paid leave for any reason. Also known as SB 208 Amendment 4, the bill is expected to be signed into law by...
Last year, safety compliance in the cannabis industry took on a new dimension when the United States Occupational Safety and Health Administration (OSHA) cited production company Life Essence Inc, d/b/a Trulieve (Trulieve) for an employee’s fatal asthma attack following workplace exposure to ground...
Form I-956K and Increased Filing Fees Please see link with respect to the Form I-956K, please see link to a Blog we submitted to IIUSA. Increase Filing Fees USCIS announced on or about January 3, 2023, that filing fees for the EB-5 Program will be subject to increase. See the below chart indicating...
As expected, Governor Hochul recently signed a new pay transparency law ( S.9427-A/A.10477 ) that will impact nearly every job posting in the state of New York. Like New York City’s pay transparency law that went into effect last year (which WISE blogged about here ), employers and recruiting...
On January 5, 2023, the U.S. Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“ NPRM ”), seeking comments on a proposed rule that would effectively ban the use of non-compete agreements, nationwide. In a typical non-compete agreement, employees agree not to work for a...
New protections from discrimination are set to become a reality in Pennsylvania. On December 8, 2022, Pennsylvania’s Independent Regulatory Review Commission approved a proposed regulation from the Pennsylvania Human Relations Commission (PHRC) amending the definitions of sex, religious creed, and...
Last week was a busy one for the National Labor Relations Board (NLRB). The agency came out with four significant decisions that either expanded or protected employee rights on issues such as monetary remedies, the right to organize, and the right to protest. Below, we briefly summarize the...
Saul Ewing’s Condominium and Community Associations Practice is pleased to once again offer its annual summary of the Illinois Condominium Property Act (“ICPA”). The Illinois General Assembly and the Illinois courts were active in 2022 with respect to condominium and community association matters...
Background Weeks of phone and text banks, TV and radio advertisements, thousands of door-to-door campaigners, as well as strong pro-labor lobbying resulted in the recent passage of the Illinois Workers’ Rights Amendment. On November 8, 2022, the Workers’ Rights Amendment (also known as Section 25 of...
On December 7, 2022, President Biden signed into law the Speak Out Act (the “Act”), which prevents courts from enforcing certain non-disclosure and non-disparagement clauses related to claims of sexual assault or harassment. The Act, which was originally sponsored by Senator Kirsten Gillibrand in...
On November 29, 2022, the Superior Court of New Jersey, Appellate Division issued an opinion in Zuluga v. Altice USA stating a former employee must arbitrate her sexual harassment claims that arose in October 2021. In doing so, the appellate panel recognized that the Ending Forced Arbitration of...
Effective November 16, 2022 , New Jersey will impose additional requirements on both the buyer and seller when a ‘health care entity’ undergoes a change in control. In accordance with S315 , which was enacted on August 18, 2021, the State will require the selling health care employer entity to...