Last Friday, the National Labor Relations Board (“NLRB”) in UPMC overturned 38-year old precedent and held that employers may lawfully prohibit non-employee union solicitation in public spaces on their property absent evidence of discriminatory enforcement. This ruling may seem like common sense to many as employers have long been permitted to control what types of activities occur on their private property in other contexts. However, for the past four decades, the NLRB has compelled employers…

Health Employment and Labor

Employer Insights: Recreational Marijuana in Illinois

By James J. Oh & Kathleen A. Barrett on June 18, 2019

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On June 4, 2019, the Illinois legislature passed the Cannabis Regulation and Tax Act (the “Cannabis Act”). Under the Cannabis Act, Illinois residents over 21 years of age may legally possess 30 grams of marijuana flower and five grams of marijuana concentrate for their personal use, starting January 1, 2020. The 610-page Cannabis Act also provides the most extensive workplace protections for employers of any marijuana legalization statute around the country. Indeed, the Illinois General…

Hospitality Labor and Employment Law

New Jersey “Panic Button” Law Aims to Reduce Sexual Assault and Harassment of Hotel Workers

By Carly Baratt on June 18, 2019

In an attempt to protect hotel employees such as housekeepers and room service attendants from violent acts by hotel guests, including sexual assault and harassment, New Jersey recently passed a novel law requiring New Jersey hotels with more than 100 guest rooms to arm hotel employees assigned to work in a guest room alone with a free panic button device. Under the law, hotel employees who activate the button on the reasonable belief there is…

Retail Labor and Employment Law

Massachusetts Sets New Deadlines and Contribution Rates for the Paid Family and Medical Leave Program, and Anticipates Further Changes

By Susan Gross Sholinsky, Ann Knuckles Mahoney, Amanda M. Gómez & Anastasia A. Regne on June 17, 2019

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As we previously reported, the Massachusetts Department of Family and Medical Leave (“DFML”) recently extended the deadline for employers to provide notice to employees of their rights and obligations under the State’s Paid Family and Medical Leave (“PFML”) law. Subsequently, on June 11, 2019, Massachusetts Governor Charlie Baker, state Senate President Karen Spilka, and state House Speaker Robert DeLeo released a joint statement announcing that implementation of certain aspects of the PFML program are…

Wage and Hour Defense Blog

U.S. Supreme Court Rules That California Wage-And-Hour Laws Do Not Apply to Drilling Workers

By Kristin M. Halsing on June 14, 2019

On June 10, 2019, the U.S. Supreme Court reversed a decision of the Ninth Circuit Court of Appeal and unanimously held that California state wage-and-hour laws do not apply to drilling workers off the coast of California. In Parker Drilling Management Services, Ltd. v. Newton, the Court held that, under the Outer Continental Shelf Lands Act (“OCSLA”), state law “is not adopted as surrogate federal law” on the Outer Continental Shelf (“OCS”) if “federal…

Management Memo

Employment Law This Week: Extended Podcast Edition – June 2019

By Epstein Becker & Green, P.C. on June 12, 2019

In its new podcast series, Employment Law This Week has released an extended Monthly Rundown, discussing some of the most important developments for employers in June 2019. This episode includes: Worker Classification in the Gig Economy NLRB Announces Rulemaking Agenda National Backlash Builds Against Non-Compete Agreements Tip of the Week: Compliance with New Jersey’s Equal Pay Act Stay tuned: Listen to the latest episode on our website or on your preferred platform – iTunes, Google …

Trade Secrets & Employee Mobility

Employment Law This Week: Extended Podcast Edition – June 2019

By Epstein Becker & Green, P.C. on June 12, 2019

Hospitality Labor and Employment Law

Employment Law This Week: Extended Podcast Edition – June 2019

By Epstein Becker & Green, P.C. on June 12, 2019

Wage and Hour Defense Blog

New Jersey Appellate Division Panels Reach Different Conclusions on the Enforceability of Arbitration Agreements That Are Exempt from Coverage Under the FAA

By Michael D. Thompson on June 12, 2019

Earlier this year, in New Prime, Inc. v. Oliveira, 586 U.S. __, 139 S. Ct 532 (2019), the United States Supreme Court held that the Federal Arbitration Act (“FAA”) does not apply to arbitration agreements with independent contractors who are engaged in interstate commerce. The Supreme Court did not address whether such agreements could be enforced through other laws. Now, two different panels of the New Jersey Appellate Division have rendered decisions addressing this unresolved…

Technology Employment Law

Companies Using Video Interviewing Beware: New Obligations for Positions Based in Illinois

By Adam S. Forman, Nathaniel M. Glasser & Matthew Savage Aibel on June 11, 2019

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Increasingly companies are using third-party digital hiring platforms to recruit and select job applicants. These products, explicitly or implicitly, promise to reduce or eliminate the bias of hiring managers in making selection decisions. Instead, the platforms grade applicants based on a variety of purportedly objective factors. For example, a platform may scan thousands of resumes and select applicants based on education level, work experience, or interests, or rank applicants based on their performance on an…

Epstein Becker & Green, P.C.

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NLRB Rebalances Employers’ Rights to Prohibit Union Solicitation on Their Property

Employer Insights: Recreational Marijuana in Illinois

New Jersey “Panic Button” Law Aims to Reduce Sexual Assault and Harassment of Hotel Workers

Massachusetts Sets New Deadlines and Contribution Rates for the Paid Family and Medical Leave Program, and Anticipates Further Changes

U.S. Supreme Court Rules That California Wage-And-Hour Laws Do Not Apply to Drilling Workers

Employment Law This Week: Extended Podcast Edition – June 2019

Employment Law This Week: Extended Podcast Edition – June 2019

Employment Law This Week: Extended Podcast Edition – June 2019

New Jersey Appellate Division Panels Reach Different Conclusions on the Enforceability of Arbitration Agreements That Are Exempt from Coverage Under the FAA

Companies Using Video Interviewing Beware: New Obligations for Positions Based in Illinois

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