Category: Client Advisory
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07.11.2023
U.S. Supreme Court Issues Major Decision on Religious Accommodations and Forcing Employees to Work on Days of Observance
(Click here to view the PDF) The United States Supreme Court issued a major decision at the end of its 2022/2023 Term, which will have far-reaching implications on any employer who tries to force employees to work on their day of religious observation (whether the Sabbath or otherwise). On June 29, 2023, in a rare unanimous […]
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07.10.2023
New York Aims to Become the Fifth State to Join the Non-Compete “Ban” Wagon
(Click here to view the PDF) The New York State Assembly reconvened last month and passed a bill (A01278B) banning all non-compete agreements which, if enacted, would prohibit almost all new employee non-compete agreements, regardless of salary level or job function. Strikingly, the proposed legislation does not contain an exception for situations involving the sale […]
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06.06.2023
NLRB Signals Intent to Invalidate Many Employee Non-Compete Agreements
(Click here to view the PDF) The National Labor Relations Board (NLRB)’s General Counsel, Jennifer Abruzzo, sent a strong signal that the Board will be attempting to invalidate many employee non-compete agreements, as part of its power to enforce the National Labor Relations Act (“NLRA”). Although it remains to be seen if this position will be […]
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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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