NLRB GC Advises That Non-Compete & Stay-or-Pay Provisions May Violate the NLRA
Employers and organizations that seek to restrain competition by requesting or requiring that individuals enter non-competes or other restrictive agreements may want to think twice as they may be engaging […]
New York State Follows New York City’s Lead, Expanding Protections to Freelance Workers
Both New York State and New York City laws extend enhanced protections to freelance workers retained as independent contractors. Employers should be mindful of these requirements. New York State Law […]
New Jersey Wage Transparency Law Awaits Governor’s Signature
In an effort to address pay equity, the New Jersey Legislature has passed S. 2310 (referred to as the “proposed law”) which will require wage transparency for both promotional opportunities […]
New Law Seeks to Protect Immigrant Workers in New Jersey
On August 8, 2024, Acting New Jersey Governor Way signed S. 2869 into law, establishing civil penalties for employers who disclose or threaten to disclose an employee’s immigration status for […]
NJ Division of Civil Rights Proposes Disparate Impact Discrimination Rule
On June 3, 2024, the New Jersey Division on Civil Rights (DCR) proposed a new rule (“DCR Disparate Impact Rule” and/or the “Proposed Rule”) addressing disparate impact discrimination, N.J.A.C. 13:16. The Proposed […]
Third Circuit Upholds New Jersey Temporary Workers Bill of Rights
In New Jersey Staffing Alliance v. Fais, — F.4th —- (3d. Cir. July 24, 2024), the Third Circuit affirmed the District Court’s denial of an injunction seeking to bar enforcement […]
NJ Attorney General/DCR Issued Enforcement Guidance as to Treatment of Remote Workers under NJNJLAD
On May 14, 2024, the NJ Office of the Attorney General and Division on Civil Rights (DCR) issued Enforcement Guidance (Guidance) that interprets the protections under the New Jersey Law […]
Non-Disparagement Provisions May Violate the NJLAD
In Savage v. Neptune Township, the New Jersey Supreme Court determined that the New Jersey Law Against Discrimination’s (NJLAD) prohibition in N.J.S.A. 10:5-12.8(a) on nondisclosure or confidentiality provisions (i.e., NDAs) in […]
New Jersey Supreme Court Strikes State Regulation Limiting Confidentiality in Investigations
In Usachenok v. State of New Jersey Department of the Treasury et al., the New Jersey Supreme Court recently evaluated a provision in a State statute requesting confidentiality in discrimination and […]
New Jersey Enacts Legislation Regarding Providing Certification to LGBTQ+-Owned Business Enterprises
In an effort to expand and ensure equal economic and social opportunity for the LGBTQ+ community, Governor Murphy signed bipartisan legislation S1313/A3330 codifying the program be established by Executive Order […]
DOL Releases Final Rule Raising Salary Level for Overtime Pay
On the heels of its earlier proposal, on April 24, 2024, the United States Department of Labor (USDOL) released a Final Rule, which will take effect on July 1, 2024, […]
FTC Votes to Ban Most Non-Compete Clauses
On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to approve a Final Rule banning all new non-compete clauses (“Final Rule”), voiding existing non-compete agreements, and requiring that employers notify […]
