Employment Law Blog

On June 10, 2021, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) workplace safety rule that requires health care employers to protect workers from on-the-job risk of COVID-19 infection. This rule follows President Biden’s executive order directing OSHA to pursue an ETS for COVID-19 in high-risk workplaces. » Read More

For several months, the Equal Employment Opportunity Commission (EEOC) has maintained a technical assistance publication examining key questions that arise under federal equal opportunity laws as they relate to COVID-19. The publication, entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” has been updated throughout the pandemic responding to developing issues that impact the workplace. » Read More

On December 4, 2020, the New Jersey Department of Health updated its restriction guidelines on self-quarantining after out-of-state travel. This guidance was published on New Jersey’s COVID-19 information hub on December 7, 2020. The updated guidance follows the Centers for Disease Control and Prevention’s (CDC) recently updated recommendations on self-quarantining periods. » Read More

At 6:00 a.m. on November 5, 2020, Governor Murphy’s Executive Order 192 (“E.O. 192”) takes effect. E.O. 192 imposes mandatory health and safety protocols to help guard against the continuing spread of COVID-19. These mandates apply to all employers who require or permit any employee to be physically present at a worksite. » Read More

In a unanimous decision issued on September 11, 2020, the New Jersey Supreme Court held in Flanzman v. Jenny Craig, Inc., that an arbitration agreement does not need to designate an arbitral forum (such as AAA or JAMS) or describe the “process for selecting an arbitration mechanism or setting” to be enforceable. » Read More

The U.S. Department of Labor (DOL) continues to be very active in providing information to the public. Last week, the DOL issued new optional forms that employers can use for the administration of leave under the Family and Medical Leave Act (FMLA). » Read More

On June 15, 2020, the United States Supreme Court, by a vote of 6 – 3, ruled that federal law prohibits employers from terminating employees because of their sexual orientation or gender identity. » Read More

The U.S. Equal Employment Opportunity Commission (EEOC), the federal agency responsible for enforcing federal anti-discrimination laws, today updated its Technical Assistance Questions and Answers, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” » Read More

In January of this year, we reported on a series of new laws that targeted the issue of misclassifying workers as independent contractors rather than employees. Worker misclassification costs New Jersey millions of dollars in lost taxes and contributions to the state’s unemployment and disability funds and curtailing this practice has been the focus of Governor Murphy’s administration. » Read More

Many employers have found themselves in the following situation. First, they were required to furlough or layoff employees due to COVID-19. Second, the employers were fortunate enough to obtain a loan under the Paycheck Protection Program (PPP), which in turn allowed the employers to offer jobs back to their laid-off employees. » Read More