On August 30, 2024, the Occupational Safety and Health Administration (OSHA) published in the Federal Register its proposed regulations for Heat Injury and Illness Prevention in Outdoor and Indoor Settings, delivering on the Biden administration’s three-year long promise to have the agency put forward a rule to protect workers from…
On August 20, 2024, the U.S. District Court for the Northern District of Texas invalidated the Federal Trade Commission’s (FTC’s) final rule that effectively banned the use of noncompete agreements by U.S. employers. The ruling comes just in time for employers facing the inability to enter into or enforce noncompete…
On April 24, 2024, the U.S. Department of Labor (DOL) announced a long anticipated final rule increasing the minimum salary requirements that “white collar” and highly compensated employees must meet to qualify for exemption from the overtime requirements of the Fair Labor Standards Act (FLSA). It is estimated that the…
In a unanimous opinion, the New Jersey Supreme Court recently held that a non-disparagement provision in a settlement agreement that prevented a former employee from revealing details about allegations of sexual harassment, sex discrimination and retaliation was against public policy and cannot be enforced. The plaintiff, a former police sergeant, appealed…
On April 23rd, 2024, the Federal Trade Commission (FTC) approved a final rule that effectively bans the use of non-compete agreements by U.S. based employers. The final rule is substantially similar to the proposed rule announced in January 2023, and represents a sweeping change in the ability of employers to…
In its April 17th, 2024, ruling in Muldrow v. City of St. Louis, the United States Supreme Court significantly eased the burden for employees challenging mandatory job transfers as a discriminatory action in violation of Title VII of the Civil Rights Act of 1964. The Court’s ruling makes it clear…
On April 15, 2024, the U.S. Equal Employment Opportunity Commission issued final regulations that clarify the obligation of employers to provide reasonable accommodation to pregnant workers under the Pregnant Workers’ Fairness Act (PWFA) that went into effect in June 2023. While employers should review the final regulations linked here for further…
Emergency room visits and hospital admissions for COVID-19 are down more than 75%, and deaths are down by more than 90%, from the peak of the Omicron wave in January 2022. As the COVID epidemic moves farther into the horizon, the Centers for Disease Control and Prevention (CDC) has modified…
In a ruling that could have far reaching implications in both unionized and non-union work environments, the National Labor Relations Board (“NLRB” or “Board”) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA) when it terminated an employee for refusing to remove a BLM logo…
The duty to provide “reasonable accommodation” to an employee with a disability under the Americans with Disabilities Act (ADA) or the New Jersey Law Against Discrimination (LAD) poses significant challenges and legal risks to employers. Determining when an employee’s request for a workplace accommodation is “reasonable” and thus must be…