On May 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) issued guidance addressing the application of the Americans with Disabilities Act (“ADA”) to employers utilizing software, algorithms, and artificial...more
6/13/2022
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Disability Discrimination ,
Employer Liability Issues ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
New Guidance ,
Popular ,
Software
Under well-settled, decades-old precedent, employers have historically been free to hold mandatory “captive audience” meetings to educate employees, share views on unionization, and discuss what employees’ rights are with...more
The National Labor Relations Board (Board or NLRB) could reverse a 2019 decision holding that honest, albeit mistaken, classification decisions and announcements to employees do not violate the National Labor Relations Act...more
The National Labor Relations Board is pushing forward with its plan to cooperate more closely with other Federal agencies tasked with overseeing employment law. This follows an announcement in November 2021 that the National...more
2/14/2022
/ Biden Administration ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Government Agencies ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Regulatory Oversight
What Happened? I Thought This Was Gone!
On Friday, December 17, the United States Court of Appeals for the Sixth Circuit lifted the nationwide Stay that had been previously put in place by the United States Court of...more
12/23/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Deadlines ,
Employer Liability Issues ,
Employer Mandates ,
Enforcement ,
Masks ,
Notice Requirements ,
OSHA ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Stays ,
Time Extensions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On January 6, 2021, a bipartisan group of New York State lawmakers introduced Assembly Bill 27, the latest version of proposed privacy legislation that would allow consumers to sue companies for improperly using or retaining...more
When it comes to whether unions have a right to enter an employer’s premises over the employer’s objections, California’s law is the polar opposite of the National Labor Relations Act (NLRA) and the law in most other states....more
11/20/2020
/ Agricultural Sector ,
Agricultural Workers ,
Business & Professions Code ,
Cannabis Products ,
Constitutional Challenges ,
Corporate Counsel ,
Employer Liability Issues ,
Fifth Amendment ,
Marijuana Cultivation ,
NLRA ,
NLRB ,
Private Property ,
Public Sector Unions ,
Right-To-Access ,
SCOTUS ,
State and Local Government ,
Takings Clause ,
Trespass ,
Unions
In an effort to combat the recent rise in COVID-19 cases in New Jersey, on October 28, 2020 Governor Murphy signed Executive Order 192 (the “Order”), mandating health and safety standards to protect New Jersey’s workers...more
11/10/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employee Training ,
Employer Liability Issues ,
Employer Responsibilities ,
Executive Orders ,
Governor Murphy ,
Health and Safety ,
Masks ,
Notice of Non-Compliance ,
Personal Protective Equipment ,
Social Distancing ,
Workplace Safety
On September 17, 2020, the U.S. House of Representatives passed HR 2694, the Pregnancy Workers Fairness Act (“PWFA”), in a 329-73 vote. The Senate will now consider the bill, which, if passed, would require employers to...more
On September 18, the Board’s GC issued GC Memo 20-14, entitled Summaries of Advice Merit Determinations Related to Coronavirus Disease 2019 Issues for the purpose of giving the public a better understanding of the GC’s...more
9/23/2020
/ Coronavirus/COVID-19 ,
Duty to Bargain ,
Employer Liability Issues ,
Employment Discrimination ,
Infectious Diseases ,
Layoffs ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Unions ,
Weingarten Rights
Unions have long sought to avoid the NLRB’s election process, relying instead upon so-called “neutrality” agreements to obtain initial recognition by employers and legally enforceable rights to represent and bargain on behalf...more
Most employers wrestling with COVID-19 related employment law issues aren’t paying much attention to the labor law issues arising out of the pandemic. Indeed, because most U.S. employers are non-union, many operate under the...more
On January 21, 2020, New Jersey Governor Phil Murphy signed Senate Bill 3170 (the “amendments” or “NJ WARN Act”) into law making New Jersey the first state in the nation to require severance pay for mass layoffs. The law,...more
Effective February 10, 2020, the top ten members of an out-of-state limited liability company (“LLC”) can be held personally liable for violations of New York’s wage and hour laws. The bill, signed on December 12 by Governor...more
1/7/2020
/ Employer Liability Issues ,
Governor Cuomo ,
Joint and Several Liability ,
Labor Law Violations ,
Limited Liability Company (LLC) ,
New Legislation ,
Out-of-State Companies ,
Personal Liability ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour ,
Wage Theft
A flurry of critical cases have issued out of the NLRB over the past two weeks. The latest is the Board’s decision in MV Transportation, 368 NLRB No. 66 (2019), and the Board’s decision provides critical cover to employers...more
9/12/2019
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Interpretation ,
Contract Terms ,
Employer Liability Issues ,
Good Faith ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unilateral Modification ,
Unions ,
Waivers ,
Working Conditions
It is lawful to discipline and even discharge an employee for making inappropriate or offensive remarks in the workplace. Indeed, current anti-harassment and anti-bullying laws may require an employer to take adverse action...more
9/12/2019
/ Adverse Employment Action ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
NLRA ,
NLRB ,
Offensive Language ,
Protected Concerted Activity ,
Racist Remarks ,
Unfair Labor Practices ,
Unions
Setting clear and reasonable standards for taking access to an employer’s private property is high on the National Labor Relations Board’s agenda. Not only is the Board talking about issuing formal rules in this area, but the...more
9/11/2019
/ Administrative Law Judge (ALJ) ,
Dismissals ,
Disparate Treatment ,
Employee Rights ,
Employer Liability Issues ,
Kroger ,
NLRA ,
NLRB ,
Private Property ,
Property Owners ,
Reversal ,
Right of Access ,
Solicitation ,
Unfair Labor Practices ,
Union Organizers ,
Union Representatives ,
Unions
Does an employer who genuinely believes that its workers are independent contractors and tells them that they are contractors and not employees, only to later find out that it was wrong, violate Section 8(a)(1) of the...more
9/6/2019
/ Administrative Law Judge (ALJ) ,
Administrative Review ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Former Employer ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Reversal ,
Unfair Labor Practices ,
Wrongful Termination
As part of New York State’s fiscal year 2020 budget, Governor Andrew Cuomo has announced an amendment to Section 3-110 of the state election law providing all New Yorkers with three hours paid time off to vote on any election...more
On January 25, 2019, New York Governor Andrew Cuomo signed into law the Gender Expression Non-Discrimination Act (GENDA), which prohibits discrimination based on gender identity or expression. Under the law, “gender identity...more
2/14/2019
/ Anti-Discrimination Policies ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Gender Expression ,
Gender Identity ,
Governor Cuomo ,
Hiring & Firing ,
Housing Discrimination ,
Landlords ,
LGBTQ ,
New Legislation ,
Protected Class ,
Public Accommodation ,
State Labor Laws ,
Transgender
On Wednesday April 11, 2018, the New York City Council enacted a package of eleven bills, collectively titled the Stop Sexual Harassment in NYC Act (the “Act”). The Act awaits final signature from the Mayor. Introduced to the...more
4/16/2018
/ Arbitration ,
Arbitration Agreements ,
Employee Training ,
Employer Liability Issues ,
Gender Discrimination ,
Pending Legislation ,
Posting Requirements ,
Pre-Dispute Arbitration ,
Sex Discrimination ,
Sexual Harassment ,
Statute of Limitations ,
Workplace Communication
Please join our experienced attorneys for an informative and lively discussion on a variety of timely topics, including:
Where We've Been and Where We're Going: Key legislative developments and leading court...more
Please join our experienced attorneys for an informative and lively discussion on a variety of timely topics, including:
- Leading Court Decisions and Key Legislative Developments in 2015
- Psychological Disabilities...more
5/4/2015
/ Arbitration ,
Continuing Legal Education ,
Disability ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Events ,
Hiring & Firing ,
Mediation ,
Misclassification ,
NLRB ,
Reasonable Accommodation ,
Whistleblowers