Dec 02 2022

Artificial Intelligence in Employment Law Employer's Legal Resource12.02.2022Artificial Intelligence (AI), once considered futuristic, is now commonly used to recruit, hire, retain and terminate employees. Currently, the most common way AI is used by employers is in recruiting and hiring.

Nov 22 2022

New York Employers: Are You Compliant with the Electronic Monitoring Law? Employer's Legal Resource11.22.2022Effective May 7, 2022, New York passed a law requiring employers to give employees notice regarding electronic monitoring. Employers who electronically monitor employees’ telephone calls, emails, or internet use must provide employees with written notice upon hiring them that they are subject to such monitoring. A notice can be sent in electronic form, but it must be acknowledged electronically or in writing by the employee.

Nov 16 2022

Employer Alert: Deck the Walls-New Division of Civil Rights Posters Must Be Distributed by December 31, 2022 Employer's Legal Resource11.16.2022On August 1, 2022, the New Jersey Division on Civil Rights (DCR) adopted new and amended regulations  concerning the “Display of Official Posters of the Division on Civil Rights.”

Oct 28 2022

Employment Law Update: October is National Disability Employment Awareness Month Employer's Legal Resource10.28.2022In 1945, President Harry Truman established October as National Disability Employment Awareness Month.  However, it took decades for real legislative gains to be made for the employment of persons with disabilities.  It was not until 1973, almost 30 years later, that the Rehabilitation Act was passed, and not until 1990, 45 years later, that the Americans with Disabilities Act was passed.  In his proclamation announcing this year’s National Disability Employment Awareness Month, President Joseph Biden asked that we “acknowledge workers with disabilities who make our communities, our economy and our Nation stronger.” 

Oct 20 2022

Status Update On Pending Exactech Multidistrict Litigation (MDL) Drug and Device Injury Legal Resource10.20.2022Justice is moving swiftly for people injured by defective Exactech hip and knee products. On June 14, 2022, a group of plaintiffs filed a motion with the U.S. Judicial Panel on Multidistrict Litigation (JPML) to consolidate all Exactech joint replacement lawsuits in either the U.S. District Court for the Eastern District of New York, the Eastern District of Pennsylvania, or the Southern District of New York.

Oct 19 2022

Employment Law Update: Recent Case Law Supports Categorization of Workers as Employees Employer's Legal Resource10.19.2022The New Jersey Department of Labor (“NJDOL”) uses the ABC test to determine whether a worker is an employee eligible to receive unemployment compensation benefits and for purposes of other wage and hour issues. The recent New Jersey Supreme Court case of East Bay Drywall, LLC v. Department of Labor and Workforce Development (“East Bay Drywall”) upheld the NJDOL’s decision that East Bay Drywall’s workers, categorized by East Bay Drywall as independent contractors, were actually employees of the company.

Oct 06 2022

Employment Law Update: New Jersey Assembly Passes Bill Regarding Non-Disparagement Provisions in Employment Agreements Employer's Legal Resource10.06.2022On October 3, 2022, the New Jersey Assembly passed a bill that will ban non-disparagement clauses in employment agreements. The bill will now be considered by the New Jersey Senate. The bill amends a law passed in 2019, which prohibits employment agreements from containing provisions that waive any substantive or procedural right or remedy relating to a claim of discrimination, retaliation, or harassment, including non-disclosure provisions.

Sep 23 2022

The New Jersey Cannabis Regulatory Commission Issued Guidance On “Workplace Impairment Employer's Legal Resource09.23.2022The New Jersey statute legalizing marijuana provides that an employer cannot terminate an employee solely for the presence of cannabinoid metabolites in an individual’s bodily fluids. The statute further provides that a Workplace Impairment Recognition Expert (“WIRE”), should be utilized by employers to determine if an employee is impaired. However, the certification procedures and standards for a WIRE have not yet been issued.

Aug 25 2022

Employment Law Update: Updated CDC Covid-19 Guidance Employer's Legal Resource08.25.2022Employers should review the new guidance published by the Centers for Disease Control (“CDC”) in order to properly inform their workforce on best safety practices.  Employers may also need to review and revise their current written policy on Covid-19. 

Aug 11 2022

Employer Alert: EEOC Updates COVID-19 Testing Guidance Employer's Legal Resource08.11.2022In July, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance regarding COVID-19. A critical change was made regarding COVID-19 testing.