Search

Last week, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued proposed regulations implementing the Pregnant Workers Fairness Act (“PWFA” or the “Act”). The public has until October 10 to comment on the EEOC’s proposed regulations. Background: The Pregnant Workers Fairness Act The PWFA...

As employees continue to work fully remote, courts will be tasked with determining what state discrimination law applies to an employee who does not live or work in the same state as their employer. In grappling with this question with no precedent from New Jersey’s highest court, the United States...

Since 2017, employers have been able to rely on The Boeing Company, 365 NLRB No. 154 (2017) (“ Boeing”), for relatively clear guidance on the lawfulness of their work rules (including employee handbook policies and manuals). In Boeing, the Board delineated categories of work rules: certain rules...

Cannabis Legal & Business Issues for Employers & Employees There is no shortage of legal issues and regulations about which employers and employees must be aware. And with the introduction of state-legalized cannabis products for both medicinal and adult use, the legal landscape governing these...

Last week, the Supreme Court issued two significant decisions impacting employers nationwide. The Court’s holding in Groff v. DeJoy requires employers to grant religious accommodations to employees, unless such accommodations would cause substantial increased costs in relation to the conduct of the...

New York is on the brink of joining the growing list of states and federal agencies that disfavor or outright ban non-compete agreements. On June 20, 2023, the New York legislature passed a bill that would prohibit employers in the state from using non-compete agreements. The bill now awaits final...

New Jersey’s adult-use cannabis law does not provide aggrieved individuals with a private right of action, according to a recent decision from a New Jersey federal court. The Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”), authorizes the legal sale and use...

Attention employers -- some mandatory labor and employment law posters just received updates to reflect new laws and updates to existing laws. In April 2023, the United States Department of Labor (USDOL) gave the FLSA Poster a facelift, adding details of the recently-passed PUMP Act to its content...

Following a growing trend across the nation, on May 17, 2023, the Illinois House of Representatives passed a bill (previously approved by the Illinois Senate) that would make Illinois the 5th US state to require pay transparency in employee recruitment. The bill now heads to Governor Pritzker, who...

The Legislature’s Prohibition of Covenants Not to Compete On May 16, 2023, the Minnesota legislature issued a conference committee report on a bill that would render void and unenforceable “covenants not to compete” in agreements between employers and employees. Governor Walz is expected to sign the...

Live Wire? The Use of Workplace Impairment Recognition Experts and Other Methods to Determine Cannabis Impairment in the Workplace On April 21, 2022, New Jersey licensed dispensaries began sales of legalized adult-use Cannabis. Coupled with the longer-standing Medicinal Cannabis Program, New Jersey...

On May 1, 2023, the U.S. Department of Labor announced that the U.S. Occupational Health and Safety Administration (“OSHA”) has begun a National Emphasis Program (“NEP”) to prevent workplace falls, effective immediately. The NEP focuses on reducing fall-related injuries and fatalities for people...

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...

Diversity Equity and Inclusion (DEI) is becoming as prevalent and necessary as anti-harassment training for employers. Prospective and current employees alike are more frequently expecting their employers to invest in and implement DEI initiatives, which can take many different forms. This training...

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...

Pat Nugent (Partner, Philadelphia) will participate as panelists on a roundtable for the National Association of College and University Attorneys (NACUA). Pat will be discussing recent developments on Name, Image, and Likeness issues, and Ashley will be discussing developments in labor issues and...

Gary Eidelman will present at the Restaurant Industry 2023 DRA Fast Forward Educational Symposium on February 7, 2023 at the Christiana Hilton. Gary will speak at 2 p.m. on the topic "Getting Back to the Basics." Sessions at the Symposium will include industry leaders and top labor experts on...

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...