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10:30 a.m. - 11:30 a.m. "Conducting Effective Workplace Investigations" Presented by Saul Ewing LLP This program will highlight best practices for conducting effective investigations of complex employment matters, including discrimination or harassment, safety issues, and suspected theft or misuse...
On June 13, 2024, an Administrative Law Judge (ALJ) with the National Labor Relations Board (NLRB) issued a decision that further muddies the landscape of restrictive covenant law. In J.O. Mory Inc., an ALJ held that overly broad non-compete and non-solicitation clauses unduly restrict employees’...
This month’s Friday Five explores decisions addressing the burden of proving accidental death, policy language and “any occupation” disability, an interpleader case where the insurer was not dismissed from the case, the weight to be afforded to non-treating expert opinions and SSDI determinations...
Introduction Following the hottest June on record and with temperatures rising as we approach the dog days of summer, OSHA recently issued a long-awaited proposed rule creating standards for heat injury and illness prevention in outdoor and indoor settings (the “Proposed HIIP Rule”). Created...
The Supreme Court’s highly-anticipated decision in Loper Bright Enters v. Raimondo overturned decades-old precedent requiring courts under Chevron USA v. Natural Resources Defense Council, Inc. to defer to federal agency interpretations of an ambiguous statute. This ruling will have momentous...
According to the Equal Employment Opportunity Commission (EEOC), numerous factors increase the risk of harassment in the construction industry, including a relatively homogeneous workforce, pressure to conform to traditional stereotypes, decentralized workplaces, multiple employers at one worksite...
In a win for employers facing unfair labor practice charges, the Supreme Court’s holding in Starbucks v. McKinney makes it more difficult for the National Labor Relations Board (NLRB) to obtain Section 10(j) injunctions. Section 10(j) of the National Labor Relations Act (NLRA) provides the NLRB the...
On July 1, 2024, Governor Newsom signed legislation that makes significant changes to California's notorious Private Attorneys General Act (PAGA) to become effective immediately as an urgency measure. While the new provisions provide some welcome relief to employers, they did not repeal PAGA and...
As previously reported here, the U.S. Department of Labor (USDOL) issued its final rule providing that, effective July 1, 2024, the salary threshold under the Fair Labor Standards Act (FLSA) for the white collar overtime exemptions would significantly increase. Specifically, the final rule provides...
The Clean Air Act (“CAA”) envisions states and the federal government working together to improve air quality. Under the CAA, states must develop State Implementation Plans (“SIPs”) to implement National Ambient Air Quality Standards (“NAAQS”) set by the EPA. The EPA can reject a SIP and impose its...
On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the United States Supreme Court reversed its 40-year-old decision in Chevron v. Natural Resources Defense Council, thereby restoring the judiciary’s final authority to interpret statutes, a powerful check on administrative agency authority...
On June 24, the Supreme Court granted certiorari review in a case with serious implications for those seeking federal permits which, in turn, require environmental impact statements under the National Environmental Policy Act (“NEPA”). NEPA is the most litigated federal environmental statute, and a...
Every year, over 100 of New Jersey’s most prominent environmental attorneys gather for the Environmental Law Forum, a three-day, in-depth review of the latest developments and practice concerns in environmental law. This year is no exception as the Environmental Law Forum heads to the lovely ICONA...
An overview of labor and employment law cases and regulatory actions with implications for the higher ed workplace. The University of California has taken legal action against United Auto Workers Local 4811, which represents some 48,000 academic workers and graduate students across UC’s multiple...
The National Venture Capital Association (“ NVCA”) has recently (but without any fanfare) released substantively important revisions to its model legal documents, specifically, the Investor Rights Agreement, the Stock Purchase Agreement, and the Certificate of Incorporation. These changes address...
American consumers are increasingly seeking environmentally friendly “green” products. In response, companies employ “green” marketing to advertise the purported environmental benefits of their products. But what companies believe their green claims mean and how consumers interpret those claims may...
This month’s Friday Five explores recent decisions with issues spanning physician power of attorney to preexisting exclusions and the fiduciary duty of an insurance company. The Saul Ewing Employee Benefits/ERISA Litigation Team Whether a provider has sufficiently pleaded the existence of a valid...