U.S. Supreme Court Holds Federal Courts Must Stay Proceedings Pending an Appeal on Arbitrability
By Melanie M. Ghaw, Esq. A recent decision by the United States Supreme Court resolved a long-standing circuit split on the issue of whether district courts have the discretion to stay proceedings when a party appeals the denial of a motion to compel arbitration under the Federal Arbitration Act (“FAA”). In a 5-4 decision issued […]
ATTENTION NEW JERSEY EMPLOYERS: NEW JERSEY FEDERAL COURT DETERMINES THERE IS NO INDIVIDUAL RIGHT TO SUE UNDER CANNABIS ACT
By Melanie M. Ghaw, Esq. and Rachel H. Khedouri, Esq. UPDATE: On December 9, 2024, the Third Circuit affirmed the district court’s finding that CREAMMA does not provide individuals with the right to sue employers for taking adverse action based on a positive cannabis test result. In a case of first impression, a New Jersey […]
ATTENTION EMPLOYERS: IT’S TIME TO UPDATE YOUR FLSA AND EEO POSTERS (AGAIN)!
By Melanie M. Ghaw, Esq. and Rachel H. Khedouri, Esq. In light of recent updates to equal employment opportunity laws aimed at protecting pregnant and nursing employees (as discussed in our January eAlert, available HERE), the U.S. Department of Labor (“DOL”) and Equal Employment Opportunity Commission (“EEOC”) each have issued updated posters for employers to […]
ATTENTION EMPLOYERS: HERE IS WHAT YOU SHOULD KNOW ABOUT THE EEOC’S UPDATED GUIDANCE FOR NAVIGATING COVID-19 ISSUES IN THE WORKPLACE
On May 15, 2023, just six days after the expiration of the COVID-19 Public Health Emergency (“PHE”), the Equal Employment Opportunity Commission (“EEOC”) released an update to its COVID-19-related Technical Assistance publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” (the “Guidance”). Click HERE for the full […]
ATTENTION NEW YORK EMPLOYERS: NEW YORK ATTORNEY GENERAL RELEASES GUIDE FOR BUSINESSES ON DATA SECURITY PROTECTION UNDER THE NY SHIELD ACT
On April 19, 2023, New York State Attorney General Letitia James (“NYAG”) released a guide (“Guide”), available HERE, to help businesses strengthen their data security programs as required by New York’s Stop Hacks and Improve Electronic Data Security Act (“SHIELD Act”). The SHIELD Act was enacted on March 21, 2020, to protect the private information of […]
ATTENTION EMPLOYERS: REVISED FMLA POSTER PUBLISHED BY THE U.S. DEPARTMENT OF LABOR
In April 2023, the U.S. Department of Labor published a revised Family and Medical Leave Act (“FMLA”) poster, available HERE. Aside from the change in color, there are no substantive revisions to the poster. Accordingly, the April 2016 and February 2013 versions of the poster still fulfill the posting requirements, although it is recommended that employers use […]
ATTENTION NEW YORK EMPLOYERS: DO YOUR SEXUAL HARASSMENT POLICY AND TRAINING MATERIALS COMPLY WITH NEW STATE MODELS?
Since October 2018, all employers of New York employees have been required, on at least an annual basis, to establish and distribute a workplace sexual harassment prevention policy and provide training to employees that meet or exceed the minimum standards established by the State. In October 2019, then-Governor Cuomo signed broad anti-discrimination legislation requiring, among other […]