Employment Law

How things have changed since I published my Employer’s Guide to COVID-19 less than a week ago. While the guidance, recommendations, and issue-spotting set forth in that article have not changed, the legal landscape concerning the novel coronavirus has. State governors have issued emergency orders. New laws have taken, or… Continue reading →

The coronavirus pandemic has arrived in the United States, and it undoubtedly has impacted your business or workforce in some way. On Friday, March 13th, President Donald Trump declared a national emergency to free up $50 billion in federal resources to combat COVID-19 and has since issued coronavirus guidelines for… Continue reading →

COVID-19 concerns have swept across the country in the last weeks. The Centers for Disease Control (CDC) and other governing bodies have called upon all Americans to do what they can to slow the transmission of the disease by practicing social distancing. For employers, that means seriously considering allowing their… Continue reading →

There is legal significance if is a person is deemed to be an “employee,” as opposed to an independent contractor. That determination is likely to be significant for a number of reasons, including: tort liability under respondeat superior; payroll taxation; workers’ compensation insurance; benefits; and statutory employee protections. Employers are… Continue reading →

Question: Can an employer legally withdraw a prospective employee’s job offer before that particular individual actually begins working at the company? It happens more frequently than one might think, but under a variety of different circumstances. There are many reasons why a company might rescind an offer of employment, such… Continue reading →

The recent turmoil, investigation and controversy surrounding President Donald Trump’s firing of former FBI Director James Comey has thrust the issue of wiretapping into the public and political spotlight. “James Comey better hope that there are no ‘tapes’ of our conversations before he starts leaking to the press!,” President Trump… Continue reading →

Despite increased efforts to curb it, sexual harassment in the workplace hasn’t gone away. In fact, news reports of allegations of sexual harassment and lewd behavior lodged against media mogul Bill O’Reilly at Fox News and, separately, against transportation network company Uber, have shined a spotlight on the pervasiveness of… Continue reading →

As a general rule in New Jersey, private employers may not conduct random drug testing of current employees except employees in “safety-sensitive” positions. Notwithstanding scant authority on what constitutes a “safety-sensitive” position, it is clear that to qualify, there must be a direct and immediate nexus between the employee’s job duties and a fairly significant safety risk. Absent such a connection, an employer cannot require its employees to submit to random drug testing, though pre-employment testing and testing in light of a particularized suspicion are permissible. Continue reading →

In recent news, the National Football League has proposed a new rule that would establish a yardage penalty for any on-field use of the “N-word.” The proposed rule has stirred up much debate: some legal, some cultural, some editorial, all polemical. It is not the purpose of this blog to step foot onto that gridiron of controversy, though a simple threshold question might be whether the use of the “N-word” on the playing field constitutes protected speech. Nor is it the purpose of this blog to evaluate whether Roger Goodell can impose such a rule in his “workplace.” Rather, the NFL’s proposal provides an opportunity to examine a private sector employer’s right to regulate speech in the workplace. Continue reading →

Whether we like it or not, romance in the workplace often is inevitable. Most people spend more of their waking hours with their co-workers than anyone else in their lives. In light of that, it is not beyond comprehension that, on occasion, a romantic relationship will result. However, while the employees in question may be basking in the light of new found love, the company’s administration may not view the relationship with the same amount of fervor. In fact, work place romances can create myriad issues and can easily turn into a HR nightmare if not handled properly. Continue reading →