ATTENTION ALL EMPLOYERS: DOL ISSUES NEW GUIDANCE FOR REMOTE WORKERS AND FOR INTERMITTENT USE OF FMLA LEAVE
Catherine Williams, Esq. In February 2023, the federal Department of Labor (DOL) issued a new Field Assistance Bulletin providing guidance as to how the DOL will interpret certain provisions of the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) with respect to employees working remotely from home. The DOL also issued its […]
ATTENTION ALL EMPLOYERS: NLRB DECISION REGARDING CONFIDENTIALITY AND NON-DISPARAGEMENT PROVISIONS
Catherine Williams, Esq. On February 21, the National Labor Relations Board (NLRB) issued a decision, McLaren Macomb, 372 NLRB No. 58, making it more difficult for employers to include confidentiality and non-disparagement provisions in agreements with employees who are protected by Section 7 of the National Labor Relations Act (NLRA). Overview of McLaren decision In […]
Third Circuit Affirms Dismissal of Race Discrimination Claim
By Arooj Siraj, Esq. The Third Circuit recently affirmed the dismissal of a wrongful termination claim in which an employee alleged that he was terminated by his former employer, UPS, because of his race (African-American) in violation of the New Jersey Law Against Discrimination (“NJLAD”). In Langley v. United Parcel Serv., No. 21-2962 (3d Cir. […]
ATTENTION CALIFORNIA EMPLOYERS: 9TH CIRCUIT NIXES CALIFORNIA WORKPLACE ARBITRATION LAW IN REVERSAL
2.23.23 | Stacy L. Fode, Esq., Nana J. Yee, Esq. and Catherine Williams, Esq. Finally some good news for California employers, but the fight is not over yet. On February 15, 2023, the U.S. Court of Appeals for the Ninth Circuit issued a decision, Chamber of Commerce of the U.S., et al. v. Bonta, et […]
ATTENTION NEW JERSEY EMPLOYERS: CERTAIN TEMPORARY WORKERS GET PERMANENT PROTECTIONS
By Rachel H. Khedouri, Esq. *UPDATE: – In connection with the new requirement for temporary help service firms to provide certain information to temporary laborers, the NJ Department of Labor and Workforce Development’s Division of Wage and Hour and Contract Compliance has published a “Temporary Laborer Assignment Notification” form, available HERE. Temporary help service firms […]
New York State Legislation Enacted to Expand Accommodations for Lactation in the Workplace
By Lindsey Andreozzi, Esq. On December 9, 2022, New York Governor Kathy Hochel signed a law that expands the Nursing Mothers in the Workplace Act (New York State Labor Law Section 206-c) to provide additional requirements for workplace lactation rooms and to mandate all employers to maintain written policies regarding lactation in the workplace. The […]
New Jersey Appellate Division Holds that the Ending Forced Arbitration Act Does Not Bar the Arbitration of Sexual Harassment Claims Accruing Prior to its Effective Date
By Allison J. Vogel, Esq. The New Jersey Appellate Division recently issued an opinion confirming that the Ending Forced Arbitration Act (EFAA) does not apply retroactively to sexual harassment or assault claims that accrue prior to March 3, 2022. The Court also confirmed that the Federal Arbitration Act (FAA) will also continue to preempt such […]
Nukk-Freeman & Cerra, P.C. Promotes Three Attorneys, Welcomes Four New Members, and Announces Exciting, New Chapter for One of Its Partners
For Immediate Release — Chatham, NJ and San Diego, CA NFC is Proud to Announce the Following Promotions … Jesse Grasty, Partner Kirsten M. Grossman, Partner Iman A. Wells, Counsel NFC recently announced the promotion of two new partners, Kirsten M. Grossman and Jesse Grasty. Both Kirsten and Jesse are valued members of […]
ATTENTION NEW YORK EMPLOYERS: ARE YOU PAYING MANUAL WORKERS ON A TIMELY BASIS?
By Rachel H. Khedouri, Esq. and Sharina Rodriguez, Esq “Pay frequency” lawsuits have become a cottage industry in New York in recent years. The trend began following the 2019 Appellate Division decision in Vega v. CM & Assoc. Constr. Mgmt., LLC, in which the court held that workers have a private right of action for claims […]
ATTENTION NEW JERSEY EMPLOYERS: NEW JERSEY HAS APPROVED MANDATORY SEVERANCE PAY AND 90-DAY REQUIREMENTS FOR MASS LAYOFFS
Rachel H. Khedouri, Esq. Nearly three years ago on January 28, 2020, we reported (HERE) that the New Jersey legislature made significant changes to the Millville Dallas Airmotive Plant Job Loss Notification, or “mini-WARN” Act imposing significant new obligations on companies during mass layoffs, plant closings or transfers of operations. These changes originally were set […]