A recent decision from the New Jersey Appellate Division serves as a warning to employers requiring employees to sign a bevy of employment-related documents during an orientation period. The case, Imperato v. Medwell, LLC, concerned the enforceability of Mutual Agreement to Arbitrate all employment related disputes. The employee acknowledged that…
Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events
Changes to the Employment Landscape Under the Biden Administration
The Biden Administration has made it clear that it intends to reverse many of the Trump Administration’s regulatory initiatives. During his campaign Biden touted himself as a champion of labor, and his administration’s actions immediately after assuming power suggest that he intends to keep this campaign promise. This article summarizes…
Adult Use Recreational Marijuana May Soon Be Legal, but Employers in New Jersey Are Left in the Dark
In November 2020, by a vote of 67.08% to 32.92%, the voters of New Jersey passed a ballot measure to amend New Jersey’s Constitution to make use of recreational marijuana by those over age 21 legal in New Jersey beginning on January 1, 2021. However, until legislation is signed by…
New EEOC Guidance Green Lights Mandatory Vaccination Programs by Employers
In our December 11, 2020 publication found here, we explored the ability of employers to mandate COVID-19 vaccinations in the workplace. In short, in the absence of federal or state laws to the contrary, employers are free to mandate vaccinations. On December 16, 2020 the EEOC issued guidance that paved…
Wage and Hour Law: Determining Who Gets Overtime
Federal and State law require nonexempt employees to be paid time and one half their regular hourly wage for hours worked in excess of 40 hours in any given workweek. Overtime is calculated based on an employee’s regular hourly wage.[1] Assuming there is no contract or other obligation imposed by…
The FFCRA Expires December 31, but Employers Can Still Claim Tax Credits for COVID-Related Paid Leave in 2021
In response to the pandemic, Congress passed the Families First Coronavirus Response Act (the “FFCRA”) that provided up to 10 days of emergency paid sick leave for COVID-related absences and up to 12 weeks emergency paid family leave to care for a child in the event of a COVID-related school…
The Next Frontier: Mandatory Vaccinations for Employees?
As the pandemic enters its tenth month, employers have had to adjust to significant interruptions to the workplace and the new mandates under the Families First Coronavirus Response Act and other state law protection to individuals and families impacted by the virus. Now that several pharmaceutical companies are about to…
Honorable Judge Katherine Dupuis, (Ret.) Discusses Mediation in Estate-Planning Disputes
In the latest article for WealthManagement.com, the Honorable Judge Katherine Dupuis, (Ret.) of Lindabury’s Alternative Dispute Resolution Practice Group offers insight on how mediation can be a viable way to achieve cost savings and justice during estate-planning disputes. This write-up addresses both what can go wrong and how to move…
New Jersey Legislators Poised to Pass Recreational Marijuana Bill That May Send the Safety-Sensitive Exception up in Smoke
On the heels of the victory of the recreational marijuana referendum at the polls, the New Jersey Senate and Assembly moved swiftly to introduce proposed legislation regulating the use, licensing and taxation of marijuana. As of this writing the Legislature was close to sealing a deal and a vote could…
CDC Recommends Universal Use of Face Masks and Shortens Travel Quarantine Recommendation
In the face of mounting COVID-19 infection rates throughout the country, on December 4, 2020 the CDC issued a recommendation for the universal use of facemasks in indoor spaces as well as outdoor spaces when 6 feet of social distancing cannot be maintained. In addition, the CDC recommends the wearing…