In April 2024, the FTC issued a Rule declaring invalid most existing non-compete agreements and prohibiting most employers from entering into new non-compete agreements after September 3, 2024, with few exceptions. Three...more
On June 13 the U.S. Supreme Court heightened the standard a court must apply to an NLRB request for a preliminary injunction against an employer accused of violating federal labor law....more
Expressing palpable frustration with an employer that committed many unfair labor practice charges after a union filed an election petition, and acknowledging the lack of serious disincentives to engage in unlawful behavior...more
On August 2, 2023, the NLRB further limited employers’ flexibility in designing work rules by holding that all work rules will be reviewed on a case-by-case basis, and no work rules will get an automatic pass....more
On June 13, 2023, in a 3-1 decision, the NLRB overruled its own 2019 decision in SuperShuttle DFW and returned to the test of statutory employee status in its 2014 FedEx II decision which it terms carefully calibrated. In...more
8/4/2023
/ Biden Administration ,
Darden Test ,
Employee Definition ,
Employer Liability Issues ,
Entrepreneurs ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
NLRA ,
NLRB
Challenges to non-competes by the federal government continue unabated under the Biden Administration. In the latest effort by the federal government to curtail the use of non-competes, which are traditionally governed by...more
6/2/2023
/ Confidential Information ,
Employment Contract ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Low-Wage Workers ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Proprietary Information ,
Restrictive Covenants ,
Section 7 ,
Severance Agreements ,
Unfair Labor Practices
The recent, temporary Republican majority at the NLRB brought several important changes to Board decisions issued during the Obama Administration. In early December Republican appointees of President Trump briefly held a...more
On June 15 U.S. District Court Judge Wigenton determined that Jersey City’s ordinance, in effect since 2007 and providing for tax abatements for real estate developers that sign Project Labor Agreements (PLAs) is preempted by...more
7/7/2017
/ Appeals ,
Construction Industry ,
Dismissals ,
Employee Retirement Income Security Act (ERISA) ,
General Contractors ,
Local Ordinance ,
Market Participants ,
NLRA ,
Preemption ,
Project Labor Agreements ,
Real Estate Development ,
Tax Abatement ,
Void ab initio
Jersey City’s Municipal Code offers real estate developers generous tax exemptions that are designed to spur the City’s economic growth, but the tax incentives have strings attached. Specifically, to receive a tax exemption,...more
On August 16, 2016 the N.J. Supreme Court held, in a 6-0 opinion, that neither the federal Labor Management Relations Act nor the National Labor Relations Act preempts a claim under the Conscientious Employee Protection Act...more
On August 27, 2015, in a long-awaited and 3-2 decision, the National Labor Relations Board announced a new, lowered standard for determining whether a business is a joint employer of a work force hired by a separate employer...more
9/1/2015
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Joint Employers ,
NLRA ,
NLRB ,
Right to Control ,
Staffing Agencies ,
Teamsters ,
Temporary Employees ,
Unions