Earlier this month, Maryland joined nine other states and the District of Columbia in establishing a right to paid family and medical leave for employees in the state. Senate Bill 275, or the Time to Care Act of 2022, entitles
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NLRB's Top Attorney Takes Aim at "Captive Audience" Meetings Amid Union Surge
By Publisher
Earlier this month, the top attorney for the National Labor Relations Board (“NLRB”), General Counsel Jennifer Abruzzo (“Abruzzo”), issued Memorandum 22-04 urging the Board to depart from significant and longstanding precedent concerning an employer’s ability to compel employee attendance at…
Philadelphia Employers Must Now Offer Paid COVID Sick Leave Through December 2023
By Publisher
On March 10, 2022, Mayor Jim Kenney signed bill 220051-A expanding COVID-19 Supplemental Paid Sick Leave (SPSL) until December 31, 2023. The law requires covered employers to give eligible employees up to 40 hours of additional paid time off for…
CFPB's Use of its UDAAP Authority to Address Illegal Discrimination
By Publisher
CFPB’s intended use of its UDAAP authority to investigate, and regulate and enforce against illegal “discrimination” in financial products and services breaks open the proverbial damn, with such authority washing over every consumer financial product/service, as well as those that…
Appellate Court Invalidates Application of New Jersey LAD Amendment
By Publisher
In a matter of first impression, the New Jersey Appellate Division issued a decision invalidating a recently enacted provision of the New Jersey Law Against Discrimination (“LAD”) which prohibited arbitration of LAD claims. The Appellate Division determined this provision of…
Legislature Passes Bill Barring Arbitration of Workplace Sexual Harassment Claims
By Publisher
On Thursday, February 10, 2022, the United States Senate passed a bill amending the Federal Arbitration Act (“FAA”) to prohibit compulsory arbitration for individual, joint, class or collective action claims based on workplace sexual harassment and/or sexual assault. The House…
Delaware Court Shows Importance of Order of Priority Clauses
By Publisher
A recent bench trial in Delaware State Court ruled that a subcontractor was entitled to payment from a general contractor because an order of priority clause gave priority to a bid proposal contract term that barred a pay-when-paid clause from…
H-1B Cap Season: Electronic Pre-Registration for FY 2023 Begins March 1, 2022
By Publisher
The H-1B program allows U.S. employers to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent.…
Federal Court of Appeals Holds Contractor Liable for Employee's OSHA Violation
By Publisher
A recent decision from the United States Court of Appeals for the Fifth Circuit held a Texas highway contractor liable for its supervisor’s involvement in a subordinate employee’s violation of workplace safety rules. See Angel Brothers Enterprises, Ltd. v. Walsh…
U.S. Supreme Court Strikes OSHA's Vaccine Mandate
By Publisher
In a per curiam opinion issued by Chief Justice Roberts, Justices Barrett and Kavanaugh, with Justices Gorsuch, Thomas and Alito concurring, the Supreme Court stayed OSHA’s “emergency temporary standard” mandating COVID-19 vaccines for employers of 100 or more employees. The…