Author: Scott I. Unger
New Jersey’s New Temporary Workers Law Challenged in Federal Court
Posted in Employment Law
In a case with monumental implications for the temporary staffing industry in the State of New Jersey, a group of industry trade associations and advocacy groups representing New Jersey temporary staffing agencies have sued the State over its recently enacted Temporary Laborers’ Bill of Rights. In their twenty-five page complaint… Continue reading
DOL Issues New FLSA and FMLA Worksite Posters – What Employers Need to Know
Posted in Employment Law
The U.S. Department of Labor (DOL) recently updated the required federal worksite posters that all covered employers must display under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA), and more changes are on the horizon. Here’s what employers, business owners, and HR managers need… Continue reading
U.S. Supreme Court to Review Standard of Proof in Corporate Whistleblower Retaliation Cases
Posted in Employment Law
In a case with potentially significant and wide-ranging implications for federal whistleblower retaliation protections, the United States Supreme Court has agreed to review a Second Circuit Court of Appeals ruling regarding the evidentiary burden of corporate whistleblowers under the anti-retaliation provisions of the Sarbanes-Oxley Act of 2002 (SOX), 18 U.S.C…. Continue reading
May 11, 2023, Marks The End of the COVID-19 Pandemic Public Health Emergency
Posted in Employment Law
May 11, 2023, marks the end of the COVID-19 pandemic public health emergency (“PHE”)—the beginning of a significant phase in the pandemic response in the U.S., as well as the ending of a series of benefits enabled by the emergency. The end of the PHE means a number of provisions will… Continue reading
Supreme Court of the United States Considers Important Religious Accommodation Standard Case
Posted in Employment Law
On April 18, 2023, the United States Supreme Court entertained oral arguments regarding an extremely important case that will provide employers with rules they should follow for granting workers religious accommodations. The High Court considered whether to maintain or revise the standard established by Trans World Airlines v. Hardison, 432… Continue reading
Steps Your Company Should Immediately Take to Protect It from a Sexual Harassment Claim
Posted in Employment Law
If your company has employees, it is almost certain that at some point your company will have to address a sexual harassment claim. There are steps your company should immediately take to limit its liability and protect your employees from unlawful discrimination. Let’s begin this discussion with a quick overview… Continue reading
New Jersey Enacts Temporary Workers’ Bill of Rights
Posted in Employment Law
On February 6, 2023, New Jersey Gov. Phil Murphy signed the Temporary Workers’ Bill of Rights. The law’s “equal-pay-equal-benefit” provision requires that temporary workers be paid the same average compensation rate and benefits (or cash equivalent) that is paid to permanent employees. The law will have significant implications for New… Continue reading
National Labor Relations Board Restricts Non-Disparagement and Confidentiality Provisions Contained in Severance Agreements
Posted in Employment Law
The National Labor Relations Board (“NLRB”) has returned to its pre-2020 standard restricting confidentiality and non-disparagement clauses in departing employees’ severance agreements. Generally speaking, a severance agreement is a contract voluntarily entered into between the former employer and employee after the termination of the employment relationship. They can be beneficial… Continue reading
Proposed FTC Rule Limiting Non-Compete Clauses
Posted in Employment Law, Investment Management & Securities
The Federal Trade Commission (“FTC”) is proposing a set of rules which, if passed and deemed constitutional would severely limit the use of non-compete clauses between employers and their employees. The proposed rule would, among other things, provide that it is an unfair method of competition for an employer to… Continue reading
Workplace COVID Testing Must Be “Business Necessity” United States Equal Opportunity Commission Says
Posted in Employment Law
The United States Equal Opportunity Commission (“EEOC”) enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act. On July 12, 2022, the EEOC announced that employers should take more factors into consideration when choosing whether to screen employees for Covid-19. Now, “employers will need to… Continue reading
