Employment Updates
The Employment Law insight keeps readers up to date of the latest employment law cases, legal developments and trends impacting business operations, labor relations, compensation, benefits and the many other employment-related issues.
Federal Contractors Beware: EEO-1 Data Will Be Released by OFCCP if Contractors Fail to File Objections by March 3
Written by: Abtin Mehdizadegan, Esq. As many contractors are aware, the Office of Federal Contract Compliance Programs (OFCCP) received a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting seeking Type 2 EEO-1 Report data from 2016-2020 for all federal contractors and first-tier subcontractors. EEO-1 reports contain over 180 different data points
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Non-Disparagement & Confidentiality Clauses Are Illegal in Severance Agreements, NLRB Rules
Companies that make former workers promise not to disparage their former employers in exchange for a severance payment are breaking federal law, the National Labor Relations Board (NLRB) ruled Tuesday. What’s more, it is also illegal to prevent employees from disclosing the terms of their severance packages, the NLRB said. Background Numerous companies tender severance
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Attention New York Employers: What to Know About New York’s Expanded “Whistleblower” Law
Written by: Joseph A. Keane, Esq. On January 26, 2022, New York’s expanded “whistleblower” law goes into effect. The amendments to Section 740 of the New York Labor Law will increase the categories of covered workers protected by the statute, add protected activities that entitle an employee to whistleblower protection, enhance worker protection by broadening
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Ten States Sue To Stop The Cms Vaccine Mandate For Healthcare Workers
Written by: Jacqueline Voronov, Esq. And the legal challenges to President Biden’s vaccine mandate keep on coming… Missouri, Iowa and a coalition of eight (8) other states have filed a lawsuit against President Joe Biden and key administration officials over the CMS requirement that health care workers must be vaccinated against COVID-19 as a condition
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The Uncertain Future of Non-Competes After President Biden’s July 2021 Executive Order
Written by: Allison Averbuch, Esq. and Baylee Culverhouse, Esq. In July 2021, President Biden issued a comprehensive Executive Order to tackle “the most pressing competition problems” facing the country’s economy.[1] The Order includes 72 initiatives aimed at promoting competition—one of which encourages the Chair of the Federal Trade Commission (FTC) “to exercise the FTC’s statutory
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Are Employer-Mandated Vaccinations Coming to an Office Near You?
Written by: Allison Averbuch, Esq. In a speech on September 9, 2021, President Biden announced that his administration asked the Department of Labor to develop emergency rules requiring all employers with 100 or more employees to ensure their workforces are fully vaccinated against COVID-19 or show a negative test at least once a week. Some
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NYC Business Owners Must Accommodate the “Key to NYC” Vaccine Mandate
Written by: Joseph A. Keane, Esq. New York City Mayor Bill De Blasio’s Emergency Executive Order 225, otherwise known as the “Key to NYC” vaccine mandate, took effect on August 17, 2021, to combat the highly transmissible Delta variant of COVID-19. In a continuing effort to mitigate the spread of COVID-19 and protect against severe
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DOL Publishes Long Overdue COVID Safety Rules For Health Care Settings
Written by: Jacqueline Voronov, Esq and Robert Romeo It has been well over a year since the start of the coronavirus pandemic, and the Department of Labor (“DOL”) has finally issued its highly anticipated COVID workplace safety rules. In January 2021, President Joe Biden issued an Executive Order ordering the DOL to consider issuing an
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Eleventh Circuit Holds Websites Are Not Places of Public Accommodation and Rejects the Nexus Standard
Written by: Mariel E. Smith, Esq. In a recent decision, Gil v. Winn-Dixie Stores, Inc., the Eleventh Circuit held that websites are not “places of public accommodation” under Title III of the Americans with Disabilities Act (ADA). The ADA prohibits discrimination against individuals on the basis of disability in the full and equal enjoyment of
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Can Employers Mandate Arbitration of NJLAD Claims? The Monmouth County Superior Court Says Yes
Written by: Jacqueline Voronov, Esq. and Joseph A. Keane, Esq. A recent New Jersey Superior Court decision held that the Federal Arbitration Act (“FAA”) trumps the 2019 Amendment to the New Jersey Law Against Discrimination (“NJLAD”) that purported to ban mandatory pre-dispute employment arbitration agreements. Back on March 18, 2019, New Jersey Governor Phil Murphy
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