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Category Archives: Employment

  1. Severance Agreements: Restrictions on Confidentiality and Non-Disparagement Clauses that Employers Need to Know

    Last February, the National Labor Relations Board (“NLRB”) issued a decision that made a very clear statement regarding the need for carefully worded severance agreements.  In the McLaren Macomb decision, the NLRB held that employers may not extend severance agreements to employees that include a broad waiver of any rights contained in the National Labor…

  2. Unemployment Compensation Law Update: What NJ Employers Need to Know about Reporting Employee Separation Information

    Recent amendments to New Jersey’s Unemployment Compensation Law (UCL) took effect on July 31, 2023.  Intended to promote the timely payment of unemployment compensation benefits, the amendments include new employer reporting obligations related to separated employees, revised deadlines for appeals and increased fines for noncompliance. Specifically, all employers with employees working in New Jersey must…

  3. Are Your Workplace Posters Compliant? What You Need to Know About Recent Federal Labor Law Updates and Notice Requirements

    Workplace posters are conspicuously displayed notices to employees regarding their rights under state and federal law.  When the law changes as to those rights, these notices must follow suit.  As a result, due to recent changes to the Family and Medical Leave Act (FMLA) and new employee rights under the Pregnant Workers Fairness Act (PWFA)…

  4. New York Senate Bill S3100A: Controversial Non-Compete Ban Awaits Governor Hochul’s Signature

    Earlier this summer, the New York General Assembly and Senate passed Senate Bill S3100A that, if signed into law, would amend the current New York labor law to ban the use of noncompete agreements and certain restrictive covenants.  It would also permit covered individuals to bring civil actions against those alleged to have violated the…

  5. Int. No. 209-A: NYC’s New Law Banning Weight and Height Discrimination

    Last month, the New York City legislature enacted Int. No. 209-A.  The new local law specifically addresses rising social justice concerns about sizeism by prohibiting discrimination based on a person’s height or weight in employment, housing, and public accommodations. According to the National Association to Advance Fat Acceptance (NAAFA), a social justice organization working to…

  6. Murphy Ends Delay to Revised Mass Layoff Legislation: Changes to New Jersey’s Mini-Warn Act Take Effect in April 2023

    By: Cristina N. Hyde, JD On January 10, 2023, Governor Murphy signed Assembly Bill No. 4768, ending the lengthy pandemic-induced delay of enforcing revisions to the New Jersey Millville-Dallas Airmotive Plant Job Loss Notification Act” (Mini-Warn Act).   Effective April 10, 2023, the revised mass layoff legislation (P.L. 2019 c. 423) will alter the severance requirements…

  7. New Jersey Amends Child Labor Laws: What all Employers Should Know About Changes to Teen Employment Requirements This Summer

    By: Cristina N. Hyde, JD On July 5, 2022, Governor Murphy signed Assembly Bill No. 4222 into law (P.L.2022, c.63).   Hoping to help struggling businesses with anticipated labor shortages this summer, the legislation amends New Jersey’s current child labor laws in two important ways.  It allows New Jersey teens to work longer hours and simplifies…

  8. Speak Out Act: Victims of Workplace Harassment and Abuse May Now Tell Their Tale

    By: Cristina N. Hyde, JD With the recent enactment of the Speak Out Act, (Pub.L. 117-224) all employers should be aware that the use of nondisclosure or nondisparagement agreements (NDAs) to silence the victims of workplace sexual harassment and sexual assault has been limited. Drafted to combat inappropriate conduct in the workplace, the Speak Out…

  9. New Breastfeeding Legislation: New York Gives Nursing Employees a Room of Their Own

    By: Cristina N. Hyde, JD On December 9, 2022, Governor Kathy Hochul signed new legislation expanding accommodations provided to private sector employees for expressing breastmilk in the workplace.  Supporting the rights of all New Yorkers to have a safe, hygienic, and convenient place to nurse, Senate Bill S4844B aligns the accommodations that private businesses must provide…

  10. Non-Compete and Non-Solicitation Clauses: Why Restrictive Covenants are Uniquely Prohibited from Inclusion in Psychologist Employment Agreements

    By: Cristina N. Hyde, JD Entering an employment contract can be stressful; especially for health care professionals where restrictive covenants are involved. Generally, such restrictions in employment contracts are permissible.  However, in New Jersey, psychologists are a unique subset of health care providers who are prohibited from having non-compete or non-solicitation clauses in their employment…