On November 15, 2023, the New Jersey Supreme Court released its decision on the much-anticipated issue of whether drug recognition expert (DRE) testimony is admissible under New Jersey Rule of Evidence (N.J.R.E.) 702...
Employment Law Letter
After the U.S. Supreme Court agreed to hear a case on the propriety of “tester” standing (the ability to file a lawsuit), interested parties have anxiously awaited its much-needed guidance on who may sue for alleged...
Jan 01, 2024 · Employment Law Letter
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The Consolidated Appropriations Act of 2021 prohibits group health plans from agreeing to avoid making certain disclosures of provider-specific cost or quality-of-care information—referred to as the gag clause...
Q What’s the minimum amount of time we can require exempt employees to use their paid time off (PTO)? Under our benefits policy, a half day (four-hour deductions) for exempt employees is usually OK, and our nonexempt...
Some of you use arbitration to resolve workplace disputes with your employees or are considering it. Here are two recent cases from the U.S. Supreme Court (SCOTUS) interpreting the Federal Arbitration Act (FAA) and/or...
Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What is prohibited? Effective January 1, 2024, employers are prohibited from...
Q How many years do we need to keep new hire drug screens and worker’s compensation documents? In Wisconsin, there are different retention periods depending on the type of employment documents at issue. In general...
The ability to pump breast milk in the workplace is protected by the Fair Labor Standards Act (FLSA). In 2010, the Break Time for Nursing Mother Act was passed as part of the Affordable Care Act (ACA) and amended the...
Q To be compliant with the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, the law states there must be a water source. Must this water source be in the same room as the designated space, or is...
The Texas Legislature is in special session and decided to enact a law, which Governor Greg Abbott is promising to sign, that bans the use of COVID-19 vaccine requirements by private employers. Details First, the law...
Q Minimum wage is going up to $17.20 per hour for federal contractors on January 1, 2024. Does this require interns to be paid at the federal minimum wage rate, as well, or are they an exception? The Executive Order...
In September 2023, the Idaho Supreme Court held that the exclusive remedy rule of Idaho’s workers’ compensation law doesn’t shield independent contractors from lawsuits filed by injured employees. Exclusive remedy rule...
Email is woven into our work lives. It’s important, and we should treat it as important, so we need to take a minute to think about making it more effective. Here are three suggestions. Suggestion No.1: Respond Somewhere...
The holiday season and corresponding celebratory shenanigans will soon be upon us. This means many employers may be facing the question “What do we do when someone brings their party to work?” This article covers the...
Q One of our managers has been out on short-term disability (STD), but he didn’t apply for Family and Medical Leave Act (FMLA) leave. If he returns three days per week, can we apply FMLA leave to cover the other two days...