On June 10, 2021, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) workplace safety rule that requires health care employers to protect workers from on-the-job risk of COVID-19 infection. This rule follows President Biden’s executive order directing OSHA to pursue an ETS for COVID-19 in high-risk workplaces. » Read More
At 6:00 a.m. on November 5, 2020, Governor Murphy’s Executive Order 192 (“E.O. 192”) takes effect. E.O. 192 imposes mandatory health and safety protocols to help guard against the continuing spread of COVID-19. These mandates apply to all employers who require or permit any employee to be physically present at a worksite. » Read More
In a unanimous decision issued on September 11, 2020, the New Jersey Supreme Court held in Flanzman v. Jenny Craig, Inc., that an arbitration agreement does not need to designate an arbitral forum (such as AAA or JAMS) or describe the “process for selecting an arbitration mechanism or setting” to be enforceable. » Read More
The U.S. Department of Labor (DOL) continues to be very active in providing information to the public. Last week, the DOL issued new optional forms that employers can use for the administration of leave under the Family and Medical Leave Act (FMLA). » Read More
On June 15, 2020, the United States Supreme Court, by a vote of 6 – 3, ruled that federal law prohibits employers from terminating employees because of their sexual orientation or gender identity. » Read More
Many employers have found themselves in the following situation. First, they were required to furlough or layoff employees due to COVID-19. Second, the employers were fortunate enough to obtain a loan under the Paycheck Protection Program (PPP), which in turn allowed the employers to offer jobs back to their laid-off employees. » Read More