Category: Client Advisory
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02.13.2023
Temporary Workers’ Bill of Rights Signed into Law
(Click here to view printable PDF) On Monday, February 6, 2023, New Jersey Governor Murphy signed into law Assembly Bill, A1474, providing a number of far-reaching and new protections for temporary workers, and also imposing new requirements on temporary staffing agencies and their clients. The law is intended to help remedy the effects identified in […]
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02.06.2023
The Proposed Workforce Mobility Act is Back Again, This Time with Gusto
(Click here to view printable PDF) The legislative assault on non-competes that we have been reporting on continues. In a bipartisan federal bill introduced days ago, U.S. Senator Chris Murphy (D-Conn.) and U.S. Senator Todd Young (R-Ind.) have once again reintroduced the Workforce Mobility Act (Senate Bill 200 S200). While this bill was introduced last […]
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01.24.2023
“Audacious” Federal Trade Commission Proposed Rule Banning Non-Compete Agreements is Now Subject to Public Comment
(Click here to view printable PDF) On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a rule that would ban non-compete agreements nationwide, as we wrote about in our recent alert. The proposed ban has been called “the most audacious federal rule ever proposed” representing a “breathtaking power grab over Noncompete Agreements,” among many other […]
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10.25.2022
New Jersey Updates Guidance Regarding Employer Suspicion of Cannabis Use in the Workplace
(Click here to view the printable PDF) The New Jersey Cannabis Regulatory, Enforcement, Assistance, and Marketplace Modernization Act (“CREAMMA”) prohibits New Jersey employers from taking adverse employment actions against employees who lawfully use cannabis outside of work. However, the Act permits employers to make employment decisions if employees are under the influence at work, but […]
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08.10.2022
New Court Decision Highlights Stringent Proofs Necessary to Establish Independent Contractor Status Under New Jersey Law
(Click here for printable PDF) The New Jersey Supreme Court just issued a decision once again highlighting the extreme difficulty businesses face when attempting to establish a worker has been properly classified as an independent contractor and not an employee. The Court, in East Bay Drywall, LLC v. Department of Labor (A-7-21) (August 2, 2002) […]
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08.08.2022
NJ Court Holds First Amendment Does Not Protect Private Employees’ Free Speech Rights for Racially Insensitive Social Media Posts
(Click here for printable PDF) The New Jersey Appellate Division prohibited a private employee from relying on freedom of speech to support her wrongful termination lawsuit. Specifically, the court found that a private employer had the authority to fire their at-will employee, Heather McVey, for making racially insensitive remarks about Black Lives Matter on her […]
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05.27.2022
While Courts Often Uphold Arbitration Awards, the Underlying Arbitration Agreement Faces a More Stringent Review When Challenged
(Click here for printable PDF) The Court of Appeals for the Third Circuit recently upheld an arbitration award finding that an employee must repay his former employer bonuses advanced to him. The employee attempted to overturn the award through the courts. However, two courts upheld the award, reminding litigants that they will face an uphill battle to […]
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05.20.2022
Summary of New Jersey Protection for Remote Employees
With many employers allowing their workers to work remotely, either full or part-time, the rules that apply to those remote employees are important for any employer to know. In New Jersey, two New Jersey laws, the New Jersey Law Against Discrimination (NJLAD) and the New Jersey Wage Payment Law (NJWPL), were both established to protect […]
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01.20.2022
Supreme Court Overturns Biden Vaccine Mandate for Private Employers
(Click here for printable PDF) In a decision issued on January 13, 2022, the Supreme Court of the United States prohibited the Occupational Safety and Health Administration (OSHA) from implementing or enforcing the Biden Administration’s COVID-19 Emergency Temporary Standard (ETS), which would have required that all businesses with 100 or more employees require that all […]
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12.20.2021
Federal Appeals Court Reinstates Biden/OSHA’S COVID Employer Mandate
(Click here for printable PDF) On Friday, December 17th, a federal appellate court reinstated the mandate ordered by President Biden for large employers for COVID vaccines or testing. This mandate, issued by the President and implemented by the federal Occupational Safety and Health Administration (“OSHA”) COVID-19 Emergency Temporary Standard (“ETS”), requires private employers of 100 employees […]
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