On January 10, Governor Murphy signed Assembly Bill No. 4768, paving the way for a series of previously enacted amendments to New Jersey’s WARN Act, N.J.S.A. 34:21-1, et seq., (“NJ WARN Act” or the “Act”) to finally take...more
What could possibly go wrong with firing employees for having "bad energy" or not being "a good fit?" Join Partners Tracey Diamond and Evan Gibbs as they sit down with Fulton Bank Director of Organizational Effectiveness...more
How does a company keep its trade secrets secret? What can companies do to protect their confidential information? In Episode 10 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Evan Gibbs sat down...more
Should you be friends with your coworkers outside of work? What should employers consider when they learn about a relationship outside of the workplace? In Episode 9 of the Hiring to Firing Podcast, Troutman Pepper Partners...more
What should employers do when they learn about harassment in the workplace? In Episode 8 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Leah Katz sit down with Sarah Goncher, deputy general...more
How do office romances affect the workplace? What should employers consider when they learn of an office romance? In Episode 7 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Evan Gibbs sit down...more
What steps should an employer take to terminate an employee properly? What is the best way to communicate the termination decision? In Episode 6 of the Hiring to Firing Podcast, Troutman Pepper Partner Tracey Diamond and...more
Why is confidentiality in the workplace so important? What employee information needs to be kept confidential? In Episode 3 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Evan Gibbs sit down with...more
Are you making the best hiring and firing decisions? Is improving employee engagement and retention a challenge? How can you use data to leverage and get the most out of your most valuable asset – your employees?
In Episode...more
In Episode 1 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Evan Gibbs sit down with European Metal Recycling VP of People and Deputy General Counsel Kate Puccio to discuss the hit show Emily in...more
What do Emily in Paris, Squid Game, Severance, Ted Lasso, and Moneyball have in common? Find out by listening and subscribing to our Hiring to Firing Podcast hosted by Tracey Diamond and Evan Gibbs. The pair delve into...more
Q: Can an employer be found liable for terminating an employee for misconduct after an investigation initiated by a biased supervisor?...more
Q: Are California employers required to rehire employees they laid off for reasons related to the COVID-19 pandemic?...more
Q: Does Philadelphia have any laws regulating drug testing for marijuana?
A: Philadelphia recently passed an ordinance that prohibits employers from requiring “a prospective employee to submit to testing for the presence...more
Q. I understand that the United States Supreme Court came out with a new decision extending Title VII protections. What are the details? ...more
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
January 2020 was a busy month for New Jersey’s executive branch. Governor Phil Murphy signed into law at least five workplace-related bills, one of which revised the New Jersey mini-WARN Act, one granting state regulators...more
1/29/2020
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Hiring & Firing ,
Independent Contractors ,
Labor Law Violations ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
Misclassification ,
New Legislation ,
Notice Requirements ,
Part-Time Employees ,
Penalties ,
Regulatory Requirements ,
Regulatory Standards ,
Severance Agreements ,
Severance Pay ,
State and Local Government ,
State Labor Laws ,
Stop Work Orders ,
Wage and Hour ,
WARN Act
On Jan. 25, 2019, the Republican-led National Labor Relations Board affirmed the acting regional director’s decision that drivers of a shared airport ride service were independent contractors, not employees, and therefore not...more
Q. Is there anything I should look out for in documenting my legitimate business reason for terminating an employee?
A. The United States Appeals Court for the Seventh Circuit (covering Illinois, Indiana and Wisconsin)...more
Q: My company is headquartered in Massachusetts. Does the new Massachusetts law on non-competes change how I structure non-compete agreements with employees?
...more
8/28/2018
/ Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Garden Leave ,
Hiring & Firing ,
New Legislation ,
Non-Compete Agreements ,
Popular ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
This checklist identifies issues for counsel to consider when assisting employers in determining whether they may use applicant salary history information in setting wages or salaries.
Originally published in Bloomberg Law...more
In a ruling that could provide a roadmap for challenging salary history bans in other jurisdictions, a Philadelphia federal judge issued an opinion on April 30 invalidating a major element of the Philadelphia salary history...more
5/2/2018
/ Constitutional Challenges ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
First Amendment ,
Free Speech ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Pay Equity Laws ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Q. Are there any Equal Pay Acts that apply specifically to employers in Massachusetts and New Jersey?
A. On July 1, 2018, an updated equal pay law becomes effective in Massachusetts, referred to as “MEPA” (Massachusetts...more
4/23/2018
/ Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Glass Ceiling ,
Hiring & Firing ,
Legislative Agendas ,
Pay Equity Laws ,
Pay Gap ,
Popular ,
Proposed Legislation ,
State Labor Laws ,
Wage and Hour
Despite the Equal Pay Act being enacted more than 50 years ago, women still earn only 80 percent of what men earn for equivalent jobs. This pay disparity is perpetuated when a woman is paid less than her male co-worker...more
Q. My company wants to target on-line recruitment ads for certain jobs to specific age groups. Is that legal?
A. In most circumstances, the answer is no. Unless an employee’s age is a bona fide occupational qualification...more
The Third Circuit Court of Appeals (which covers Pennsylvania) recently handed a victory to employers that struggle with employees who misuse Family and Medical Leave Act (FMLA) leave — particularly intermittent FMLA...more