Employment Law
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
Equal Pay, Pay Transparency, and Job Postings: What Employers Need to Know Now
Posted in Employment Law
When it comes to pay practices, employers are accustomed to being told by federal, state, and local legislators what to do. DON’T engage in discriminatory pay practices. DO pay overtime when required. DO pay minimum wage. DON’T pay under the table. DO pay employees equally for equal work. DON’T ask… 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
Remote & Alternative Work Arrangements – Strategies for Success and Reducing Risk
Posted in Employment Law
Let’s face it: remote, hybrid, and alternative work arrangements are here to stay. That’s not necessarily a bad thing. Though many employers already had accepted and adopted remote, hybrid, and alternative work arrangements before the COVID-19 pandemic (and the consequential quarantining that came with it), COVID-19 accelerated the need for… Continue reading
The ETS, the Supreme Court Ruling, and the Vax-or-Test Rollercoaster: What Should Your Business Do Now?
Posted in Employment Law, Franchise
Updated as of 1/27/22 due to OSHA’s withdrawal of the Emergency Temporary Standard (ETS) The vax-or-test legal rollercoaster ride continues, leaving human resource managers’ heads spinning, lawyers prognosticating, and employers simply wondering what comes next. On January 13, 2022, the United States Supreme Court, in a 6-3 majority decision, dealt a… Continue reading
Vaccine Rules for Employers with over 100 Employees: Here Are the Details
Posted in Employment Law
The Occupational Safety and Health Administration (“OSHA”) covers employers with 100 or more employees. OSHA announced a rule that companies who have 100 or more employees must ensure that their workforce is fully vaccinated against COVID-19 on or before January 4, 2022, or they must test negative for COVID-19 at… Continue reading
