by Tammy Binford
The National Labor Relations Board’s (NLRB) new rule on joint employment puts more employers at risk of joint employer status, meaning they will bear more responsibility related to unionization, bargaining, and unfair labor practice charges.
The National Labor Relations Board’s (NLRB) continuing efforts to remake American labor law is taking its toll on management and union, alike. With fundamental precedents being overruled and new rules and advice being...
Addressing a divided Congress for the first time, President Joe Biden painted an optimistic picture of this politically riven country. Presenting a smiling and energetic demeanor, he sought to dispel the widespread...
At the very end of 2022, Congress passed the Securing a Strong Retirement Act of 2022 (Secure 2.0) as part of the omnibus spending bill. The provisions have a broad effect on a range of retirement and other benefit...
On January 5, the Federal Trade Commission (FTC) proposed a new rule that would ban noncompete clauses in the employment context and void those currently in effect. Noncompete agreements restrict an employee’s ability to...
An employer’s obligation to make reasonable accommodations under Americans with Disabilities Act (ADA) remains one of the most challenging aspects of equal employment opportunity (EEO) compliance. A recent decision from...
Q: Are we required to provide American Sign Language (ASL) or English-language interpreters for candidates in job interviews? If so, who pays? Not necessarily, but you are required to reasonably accommodate candidates...
Government agencies regulate, manage, and oversee many aspects of our society, including noncompete agreements. The Federal Trade Commission (FTC) recently proposed a rule that would ban the use of noncompete clauses in...
Jury verdicts in employment cases are reaching levels that have never been seen before. With this backdrop, it’s no surprise that many employers are choosing to avoid the financial and public relations risks of being hit...
Q: We received a subpoena for a former manager to attend a court hearing. When we informed the requesting attorney that the manager no longer works for us, he verbally asked us for the former employee’s home address...
The New York State Department of Labor (NYSDOL) recently published an updated model sexual harassment prevention policy. Background As we previously reported, effective October 9, 2018, all New York employers were...
We all know the Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid medical leave to care for a serious medical condition of the employee or the employee’s family member. Despite...
In 2020, New Jersey amended the Millville Dallas Airmotive Plant Job Loss Notification Act (referred to as the NJ WARN Act), which regulates employers implementing mass layoffs and business closures. Governor Phil Murphy...
In a recent decision, the New Jersey Appellate Division concluded the “ABC test” under the Unemployment Compensation Law (UCL) is inapplicable in determining a real estate salesperson’s status as an independent...
On January 10, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) publicized a draft of its five-year plan, known as the Strategic Enforcement Plan (SEP). While the SEP is subject to change (since the public...
Q An employee who resides in one state will be doing some temporary work in another state for about three months. Should we withhold his home state’s taxes for that period or the taxes of the state where he will be...