On February 21, 2023, the National Labor Relations Board, in McLaren Macomb, Case 07-CA-26304, held that broad confidentiality and non-disparagement clauses may not be in severance agreements that are offered to employees who are not managers, supervisors, or otherwise exempt.

Plaintiff James Kennedy, II, was a real estate salesperson who entered into written agreements with defendant Weichert Co. pursuant to which they agreed Kennedy was an independent contractor...

In 2024, a $9.3 million verdict was issued against Providence Health & Services in Washington for improper time rounding practices.

Under the Americans with Disabilities Act (ADA), an employer can reach out to an employee's health care provider directly so long as the following requirements are met.

In order for a waiver of rights and claims under the ADEA to be valid and enforceable, usually through a severance or separation agreement, it must be "knowing and voluntary."

In recent years, the Department of Justice ("DOJ") has become increasingly concerned about unlawful no-poach and wage-fixing agreements between competitors that seek to regulate the terms...

The Division on Civil Rights recently reached a settlement with a North Bergen manufacturer and importer, that learned this lesson the hard way.

The New Jersey Supreme Court has ruled that non-disparagement provisions in settlement agreements are unenforceable if they have the purpose or effect of preventing parties...

On September 17, 2024, a federal class action lawsuit was filed by New York-licensed nurse practitioners alleging that while they perform the same duties as medical doctors, they are illegally paid lower wages.

New York's amended "Trapped at Work Act" restricts employer repayment agreements, creating specific exceptions for educational reimbursement, sign-on bonuses, and relocation assistance. With enforcement beginning in late 2026, employers face uncertainty about the exact effective date and must navigate nuanced provisions to ensure their stay-or-pay arrangements comply with the new requirements.

New Jersey's Family Leave Act is undergoing significant changes that will dramatically expand coverage to smaller employers over the next few years. Starting in 2026...

Elon Musk's SpaceX is the latest in a line of businesses to fight back against complaints by the National Labor Relations Board ("NLRB") alleging unfair labor practices.

The changes to New Jersey Business Closing/Mass Layoff Notification Law Millville Dallas Airmotive Plant Job Loss Notification Act, referred to as NJ WARN Act, which regulates employers...

Protections for employees needing family leave have expanded. Previously, only employees working for businesses with 30 or more employees were guaranteed job protection (the right to be reinstated to their job) when taking family leave under NJFLA.

The United States Equal Employment Opportunity Commission ("EEOC") is a federal agency tasked by Congress to enforce the laws against employment discrimination.

If you are a private employer, chances are you have had an employee claim that their constitutional "right to free speech" has been violated.

A California judge recently approved a $43 million settlement in an equal pay class action lawsuit against the Disney Corporation.

On-call employees are a convenient way to ensure business needs are met while the office is closed or during weekends and holidays.

In 2021, New Jersey enacted the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act ("CREAMMA") which makes it illegal for employers to take adverse employment action against employees for use of recreational cannabis in off hours.

The New Jersey Administrative Code. § 12:56-3.5(g) establishes a clear and absolute prohibition against employers deducting credit card fees from an employee’s tip.