In Musker v. Suuchi, Inc., the New Jersey Supreme Court addressed whether commissions are considered “wages” under New Jersey’s Wage Payment Law (NJWPL) after a salaried employee sued her employer for allegedly withholding...more
Having to compensate employees for time spent not working can be counterintuitive, but under certain circumstances, it is an employer’s obligation. Recently, the Third Circuit Court of Appeals affirmed a District Court...more
It’s the time of year when companies hold end-of-year celebrations and festivities for the holidays. As employers prepare for these gatherings, there are a few things they should keep in mind to reduce the chances of HR...more
On April 4, 2024, the Honorable Judge Michael M. Baylson from the Eastern District of Pennsylvania partially granted and partially denied a motion to dismiss filed by a former employee who alleged discrimination by his...more
On January 25, the U.S. District Court for the Eastern District of Pennsylvania denied the Children’s Hospital of Philadelphia’s (CHOP) motion to dismiss plaintiff Donald Glover’s complaint in Donald Glover v. The Children’s...more
Key Takeaways -
-The Department of Labor recently clarified a critical distinction between an employee and an independent contractor.
-The courts will no longer use the Trump-era rule that focused on two core factors:...more
New York Codifies Employer Requirement to Notify Employees of Unemployment Benefit Rights -
Gov. Hochul signed S4878A/A298. The law amends New York Labor Law Section 590 by adding a section that requires employers...more
1/3/2024
/ Employee Benefits ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Labor Code ,
New Legislation ,
New York ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Theft
Key Takeaways -
General workplace rules are considered “presumptively unlawful” under the new NLRB standard if they could be interpreted to limit employee rights. Employers must now rebut the presumption of unlawfulness...more
Key Takeaways -
In Groff v. DeJoy, the U.S. Supreme Court renders new standard for employers assessing religious accommodations
Employers should review their accommodation policies and practices in light of Groff...more
Key Takeaways -
The PWFA creates a new avenue for pregnant employees to request reasonable accommodations not previously provided under the ADA, PDA or FMLA....more
Key Takeaways -
The New Jersey Appellate Division considered whether contracting COVID-19 is sufficient for an employee to claim they qualify as an individual with a disability under the New Jersey Law Against...more
Key Takeaways -
The NLRB GC has issued a memo stating most non-compete agreements violate Section 7 employee rights.
Employers can expect the NLRB’s litigation agenda to be aggressive in pursuing complaints...more
Key takeaways -
Changes made to model sexual harassment policies and training materials -
Employers must continue to train employees upon hire and annually thereafter...more
Takeaways -
New York State has amended the Pay Transparency Law, which becomes effective September 17, 2023
The amendments modify the scope of jobs covered by the law, eliminate the law’s recordkeeping requirements,...more
Key Takeaways -
Employers should submit public comments on the broad scope and vagueness of the proposed rule as the FTC is accepting comments through March 6, 2023.
Begin to consider eliminating non-compete clauses...more
Key Takeaways -
Illinois employers must now comply with the Family Bereavement Leave Act, which expands unpaid leave rights for employees due to the loss of a pregnancy, a child, or another covered family member. ...more
Takeaways -
Citizenship and immigration status are now covered by the New York Human Rights Law.
Penalties have been increased for violations of mandatory overtime for nurses. A tight deadline has been created for...more
Key Takeaways -
Gov. Hochul vetoed the Freelance Isn’t Free Act.
Gov. Hochul vetoed the State Contractor Equal Pay Disclosure bill.
New Versions of both bills may be reintroduced in next year’s legislative...more
Key Takeaways -
New York expands employee lactation accommodation rights -
Employers must develop and implement a written policy regarding employee rights -
The law goes into effect June 7, 2023...more
Key Takeaways -
New York enacts WWPA to protect warehouse workers against unreasonable quotas
Covered employers must maintain records relating to quotas and work speed data
Covered employers that impose quota or work...more
Key Takeaways -
New York enacts statewide pay transparency law.
The law goes into effect on September 18, 2023.
Employers with four or more employees are impacted....more
Key Takeaways -
New York expands employee-rights poster requirements to be made available on an employer’s website, or by email to employees, in addition to the current requirement to place physical posters in a conspicuous...more
Governor Kathy Hochul was elected to a full term less than two weeks ago, and she continues to advance legislation that affects New York businesses. Bill A8092B/S1958 was passed by the New York State Legislature on May 31,...more
Key Takeaways -
On September 9, 2022, New Jersey issued new regulatory guidance regarding employment protections for users of recreational and medicinal marijuana.
While this guidance did not include a certification...more
Key Takeaways -
The Pennsylvania Department of Labor has adopted new rules to the Minimum Wage Act affecting tipped and salaried employees who work a fluctuating workweek to insure those employees receive proper...more