Blog and Alerts

Oct 21 2024

FTC appeal of Ryan LLC v. Federal Trade Commission 10.21.2024 Health Law Check UpThe saga involving the controversial Federal Trade Commission (“FTC”) regulations banning most post-employment non-compete restrictions continues on.  As we previously advised, in August of this year, the United States District Court for the Northern District of Texas struck down the regulations shortly before they were to become effective. It was unclear whether the FTC was going to appeal that ruling (Ryan LLC v. Federal Trade Commission). Now, on October 18th, the FTC has formally appealed, filing a notice of appeal in the Fifth Circuit.

Oct 16 2024

Think Twice: Do Reimbursable Expenses Impact Wages? 10.16.2024 Employer's Legal ResourceMany employees incur expenses personally in connection with their employment. Employers typically have a policy concerning employee reimbursement for business-related expenses. As a result, generally speaking, reimbursable expenses are not considered wages.

Oct 04 2024

Employer's Legal Resource Newsletter | July-September 2024 10.04.2024 Employer's Legal ResourceWelcome to the July-September edition of our Employer's Legal Resource Newsletter! We are excited to share this newsletter to provide you with news and tips on navigating the complex landscape of employment law. We hope you find this edition both informative and beneficial to your organization's success. Click “Read More” to get the second edition of the Employer's Legal Resource Newsletter.  

Oct 01 2024

To Train or Not to Train? -That is the Question. The Answer is TRAIN! 10.01.2024 Employer's Legal ResourceNeither Title VII of the Civil Rights Act of 1964 nor the New Jersey Law Against Discrimination require employee or managerial training on discrimination, harassment, or retaliation. Just because it is not required, does that mean employers should not provide training? No!

Sep 24 2024

A Cautionary Tale for Employers: Mandatory EAP Attendance May Violate the Americans with Disabilities Act 09.24.2024 Employer's Legal ResourceAn Employee Assistance Program (“EAP”) is a program offered by an employer that may provide confidential psychological assessment, counseling, referrals and other services to employees who have personal and/or work based problems. A recent case, EEOC v. Weis Supermarkets, reinforces for employers that employees cannot be required to attend an EAP without the employer running afoul of the rules regarding medical testing under the Americans with Disabilities Act (“ADA”).

Sep 17 2024

Increased Protections for Immigrant Workers Across New Jersey 09.17.2024 Employer's Legal ResourceOn August 8, 2024, New Jersey lawmakers passed legislation to provide immigrant employees with greater protections under the law. The new law, effective immediately, subjects employers to fines and penalties for using an employee’s immigration status as a means to retaliate against them for raising concerns or complaints about their employment.

Sep 04 2024

Employment Law Update: Employer Reasonableness Is Key To Defeat Employee Failure To Accommodate Claims 09.04.2024 Employer's Legal ResourceAccording to the Americans with Disabilities Act (“ADA”), an employee who has a disability that makes it difficult to perform an essential function of the job may request an accommodation from an employer to  enable the employee to do so. If there is no way to accommodate the employee’s disability or it is an “undue hardship” to the employer, the employer does not have to grant the accommodation request. Employers have a duty to engage in an “interactive process” to determine whether an accommodation can be made and the form of the accommodation. A recent Fourth Circuit Court of Appeals decision, Tartaro-McGowan v. Inova Home Health, illustrates that employers who are reasonable in negotiating with an employee over an accommodation request will be able to defeat “failure to accommodate” claims.

Aug 26 2024

Violating the New Jersey Earned Sick Leave Law Can Be Very Costly 08.26.2024 Employer's Legal ResourceDid you know that, pursuant to the 2018 New Jersey Earned Sick Leave Law, all New Jersey employers are obligated to provide each employee working in the state with paid earned sick leave (“ESL”) for qualifying reasons? Employers have obligations and employees have rights under the law, and when the law is not followed, it can have very serious ramifications for employers.

Aug 23 2024

Federal Judge Overturns FTC’s Non-Compete Ban 08.23.2024 Health Law Check UpAs we advised in our prior blog post, the Federal Trade Commission (FTC) promulgated regulations banning enforcement of most post-employment non-compete restrictions. In the blog post we noted there was pending litigation and many commentators believed the regulations would be stricken, or, at the very least, delayed. With the regulations set to go into effect on September 4, 2024, on August 20, 2024, Judge Ada Brown of the United States District Court for the Northern District of Texas ruled against the FTC, striking down the regulations.  In short, Judge Brown determined that the FTC lacked authority to adopt such rules.

Aug 12 2024

Can An Employer Terminate The Health Insurance of An Employee Who Turns 65 and Becomes Medicare Eligible? 08.12.2024 Employer's Legal ResourceThe answer is “it depends”. The Medicare Secondary Payer (“MSP”) rules determine which coverage is the primary payer when an employee is a beneficiary of both an employer’s group health plan and Medicare. The primary payer is the insurer that is the first to pay coverage of a healthcare bill. The secondary payer covers remaining costs if any, up to its limits, that the primary payer insurance does not cover.