7/6/22
By: John M. Badagliacca In a continuing trend toward the limitation of the enforcement of arbitration clauses in employment contracts, in Southwest Airlines Co. v. Saxon, the Supreme Court of the United States unanimously held that an airport ramp supervisor qualified as an interstate transportation worker and is therefore exempt from the Federal Arbitration Act (“FAA”). …
6/3/22
By: Courtney Knight New Jersey recreational cannabis sales began April 21, 2022 and have since amounted $24 million in sales. But what happens when all of those legal users show up to work and/or apply for a new job? The State’s employers have been left stranded while the battles continue in rulemaking and the Courts. During…
You Can’t Find Me Anymore: New Jersey Cracks Down on Employer Tracking
5/16/22
By: Stephanie L. Greenfield, Esq. Employers take notice, effective on April 19, 2022, a new law prohibits New Jersey employers from tracking vehicles driven by employees without first providing written notice. The law is designed to further protect employee privacy in the workplace. Under the new law, employers cannot utilize tracking or electronic communications devices in any…
5/4/22
By: Michael M. Hill In a sea change for antidiscrimination laws, the Supreme Court ruled in Cummings v. Premier Rehab Keller, P.L.L.C. that, under certain federal statutes, plaintiffs cannot obtain damages for mental or emotional distress. The statutes implicated by this ruling are Title VI of the Civil Rights Act, Title IX of the Education…
Employer overcomes religious-based challenge to vaccine mandate
5/2/22
By: Janet R. Barringer On April 27, 2022, the United States Court of Appeals for the First Circuit Court ruled in Together Employees, by Individual Representatives v. Mass. Gen. Brigham Inc. (2022 U.S. App. LEXIS 11379), that a hospital system may require its workers to receive the COVID-19 vaccine over its employees’ religious objections as…
Massachusetts High Court Issues Two Important Wage and Hour Decisions
4/22/22
By: Jennifer Markowski, R. Victoria Fuller and Chris Redd The Massachusetts Supreme Judicial Court (“SJC”) recently issued a pair of decisions clarifying potential damages under Massachusetts’ wage and hour laws. Reuter v. City of Methuen addressed the appropriate measure of damages when an employer fails to timely pay wages. The Massachusetts Wage Act, M.G.L. c.…
PAGA Manageability Requirement: A Split of Authority in California
4/15/22
By: Adam G. Khan On March 23, 2022, the California Court of Appeal based in Orange County held in Estrada v. Royalty Carpet Mills, Inc., 2022 Cal. App. LEXIS 237 a trial court “cannot dismiss a PAGA claim based on manageability.” The decision dealt California employers another blow in responding to Private Attorneys General Act…
California court holds that board diversity law violates equal protection
4/13/22
By: John Rubiner On September 30, 2020, California Governor Gavin Newsom signed into a law a bill (SB 979) that required publicly held companies headquartered in California to include board members from underrepresented communities. The law further required that, by the end of 2021, California-headquartered public companies have at least one director on their boards…
Updating Your California Employee Handbooks in 2022
4/4/22
By: Eileen P. Darroll Employee Handbooks protect employers from potential litigation. California has notoriously strict laws protecting employees; all businesses should regularly review handbooks for updates. If your business is based outside California, you should consider creating an addendum for California employees to mitigate the risk of litigation. In California, employers with at least five…
Significant Changes for Federal Contractors Likely Coming Soon
4/1/22
By: Amy C. Bender The U.S. Department of Labor has proposed the most sweeping changes to the regulations implementing the Davis-Bacon Act and Related Acts in 40 years. The Davis-Bacon Act requires the payment of locally prevailing wage rates and fringe benefits to all laborers and mechanics on contracts entered into with federal agencies and…
3/23/22
By: William H. Buechner, Jr. The U.S. Women’s National Team (“USWNT”) recently settled its highly publicized class-action lawsuit under Title VII and the Equal Pay Act against the U.S. Soccer Federation (“U.S. Soccer”). Under the terms of the settlement, the USWNT players will receive a total of $24 million, including $22 million in backpay and…
Another Step Toward Limiting Forced Arbitration: House Passes the FAIR Act
3/22/22
By: Margot Parker Following President Biden’s recent signing of a bill ending mandatory arbitration of sexual assault and harassment claims accruing on or after March 2, 2022, the U.S. House approved the FAIR Act (Forced Arbitration Injustice Repeal) on March 17, 2022 – a bill seeking to broadly prohibit companies from enforcing arbitration agreements with…