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The New York State Assembly reconvened last month and passed a bill (A01278B) banning all non-compete agreements which, if enacted, would prohibit almost all new employee non-compete agreements, regardless of salary level
Archer Employment Law
Archer Employment Law, published by Archer, focuses on labor and employment legal issues affecting employers and HR professionals. The blog covers topics such as state and federal labor laws, employee accommodations, overtime regulations, discrimination and harassment, employee privacy, family leave laws, and workplace mental health. It also provides updates on legal developments, court rulings, and regulatory changes impacting employment practices. The content includes announcements of seminars, training sessions, and continuing legal education opportunities designed to help practitioners and employers stay informed about evolving labor and employment law requirements.
Latest from Archer Employment Law - Page 2
NLRB Signals Intent to Invalidate Many Employee Non-Compete Agreements
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The National Labor Relations Board (NLRB)’s General Counsel, Jennifer Abruzzo, sent a strong signal that the Board will be attempting to invalidate many employee non-compete agreements, as part of its power to…
Temporary Workers’ Bill of Rights Signed into Law
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On Monday, February 6, 2023, New Jersey Governor Murphy signed into law Assembly Bill, A1474, providing a number of far-reaching and new protections for temporary workers, and also imposing new requirements on temporary staffing…
The Proposed Workforce Mobility Act is Back Again, This Time with Gusto
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The legislative assault on non-competes that we have been reporting on continues. In a bipartisan federal bill introduced days ago, U.S. Senator Chris Murphy (D-Conn.) and U.S. Senator Todd Young (R-Ind.) have once again…
“Audacious” Federal Trade Commission Proposed Rule Banning Non-Compete Agreements is Now Subject to Public Comment
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On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a rule that would ban non-compete agreements nationwide, as we wrote about in our recent alert. The proposed ban has been called “the…
New Jersey Updates Guidance Regarding Employer Suspicion of Cannabis Use in the Workplace
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The New Jersey Cannabis Regulatory, Enforcement, Assistance, and Marketplace Modernization Act (“CREAMMA”) prohibits New Jersey employers from taking adverse employment actions against employees who lawfully use cannabis outside of work. However, the Act…
New Court Decision Highlights Stringent Proofs Necessary to Establish Independent Contractor Status Under New Jersey Law
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The New Jersey Supreme Court just issued a decision once again highlighting the extreme difficulty businesses face when attempting to establish a worker has been properly classified as an independent contractor and not an employee.…
NJ Court Holds First Amendment Does Not Protect Private Employees’ Free Speech Rights for Racially Insensitive Social Media Posts
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The New Jersey Appellate Division prohibited a private employee from relying on freedom of speech to support her wrongful termination lawsuit. Specifically, the court found that a private employer had the authority to fire their…
While Courts Often Uphold Arbitration Awards, the Underlying Arbitration Agreement Faces a More Stringent Review When Challenged
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The Court of Appeals for the Third Circuit recently upheld an arbitration award finding that an employee must repay his former employer bonuses advanced to him. The employee attempted to overturn the award through…
Summary of New Jersey Protection for Remote Employees
By Scott Sears
With many employers allowing their workers to work remotely, either full or part-time, the rules that apply to those remote employees are important for any employer to know. In New Jersey, two New Jersey laws, the New Jersey Law Against…