The New Jersey Appellate Division has recently held that the New Jersey Law against Discrimination (LAD) may apply to employees who live and work outside of New Jersey. In Trevejo v Legal Cost Control, the employer employed a remote employee who lived in Massachusetts and worked out of her home in that state. The Massachusetts […]

(Click here for printable PDF) New Jersey has now joined several other states in passing a paid sick leave law. The law preempts paid sick leave ordinances adopted by several cities and towns so there is now one uniform law in this area for New Jersey employers. Here is what you need to know about […]

On April 11, 2018, the United States Senate narrowly confirmed the appointment of John Ring to the National Labor Relations Board by a 50-48 party line vote. Mr. Ring is a management-side labor lawyer. The confirmation vote restores the 3-2 Republican majority on the NLRB. When Republican appointees last held a 3-2 majority toward the […]

It is not easy these days trying to figure out what test the NLRB will utilize in determining whether one company is a “joint employer” of another.   On February 26, 2018, the NLRB vacated its decision in Hy-Brand Industrial Contractors, Ltd, decided just a few months earlier in December 2017, and restored the more expansive […]

In our ever increasing digital age, it should come as no surprise that employers are frequently turning to the use of electronic signatures.  But will they hold up in court? Developing case law suggests yes but there are additional hurdles employers must be aware of with electronic signatures. The “I Never Electronically Signed Anything” Defense 

Employers considering firing employees for participating in ‘A Day Without Immigrants’ strike, or any strike for that matter, need to keep in mind the National Labor Relations Act (NLRA).  This law applies to both union and non-unionized employers and gives employees the right to engage in “concerted activities” for purposes of “mutual aid or protection.” […]

5th Circuit Grants Expedited Hearing in Overtime Rule Litigation December 8, 2016 By: Miriam Rozen, Texas Lawyer http://www.texaslawyer.com/home/id=1202774222949/5th-Circuit-Grants-Expedited-Hearing-in-Overtime-Rule-Litigation?mcode=1202616608548&curindex=0 The U.S. Court of Appeals for the Fifth Circuit granted an expedited hearing for the Department of Labor in litigation over new overtime regulations. The Labor Department is seeking a hearing in its effort to overturn a […]

The New Jersey Appellate Division recently affirmed an award of more than $191,000 in counsel fees and costs to Archer client Sunhillo Corporation for having to defend against frivolous litigation over the course of more than four years.  A Partner in the Labor and Employment department, Douglas Diaz, successfully defeated the claims and obtained the […]