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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...
This week we move away from the world of the standard retirement or health and welfare plans and into the world of executive compensation. Executive compensation arrangements provide a company with a highly flexible benefit to further attract and retain top talent. Issues in design and...
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...
In the past two weeks, we have presented a few items that plan sponsors can review in hopes of curbing common employee benefits and executive compensation errors. This week in our Employee Retirement Income Security Act of 1974 (“ERISA”) series, we touch on a small sample of common health and...
For better or for worse, the 401(k) plan has moved to center stage in the context of American retirement policy. Fittingly, Part 2 of this Employee Retirement Income Securities Act of 1974 (“ERISA”) driven series focuses on a handful of common misses that occur with 401(k) plans. Not Knowing the...
The Employee Retirement Income Security Act of 1974 (“ERISA”) has a reputation for being intimidating and understandably so. Although plan sponsors must practically consider business needs and evaluate benefits alongside general labor and employment considerations, ERISA’s fiduciary standards may...
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...