By: Cristina N. Hyde, JD As we celebrate the availability of the COVID-19 vaccine, to say that people are eager to resume “normal life” would be an understatement. Yet, employers should not hastily cast away workplace restrictions despite an increasing population of fully vaccinated employees. Instead, according to the newest guidance issued by the Centers…
Category Archives: Employment
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New Jersey Division of Civil Rights introduces amendments to Family Leave Act
By: Cristina N. Hyde, JD With several of the current rules enforcing New Jersey’s Family Leave Act (NJFLA) set to expire this July, the Division of Civil Rights (DCR) recently announced proposed rules that would broaden family leave protection and build-in the re-adoption of important provisions from 2014, 2019 and 2020, before they lapse. Published…
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Case Law Alert: The New Jersey Supreme Court issues a strong reminder that broken promises can lead to costly consequences
By: Cristina N. Hyde, JD Last month, the New Jersey Supreme Court reasoned that an oral promise of employment could give rise to a valid claim for reliance damages. Specifically focusing on the legal theory of promissory estoppel, the court emphasized that if evidence existed that a promise had been made with the knowledge that…
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EEOC Guidance Update: Employers can require employees to get the COVID-19 vaccine.
By Cristina N. Hyde, J.D. Last month the Equal Employment Opportunity Commission (EEOC) released guidance stating that employers can require employees to get the COVID-19 vaccine. Knowing that the vaccine’s arrival would raise questions related to the applicability of various Equal Employment Opportunity (EEO) laws, the EEOC guidance states very clearly that EEO laws “do…
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NY Permanent Paid Sick Leave Reminder: Employees may now begin to use accrued leave
By: Cristina N. Hyde, JD Last April, New York State took steps to permanently bolster existing paid leave laws in recognition of the crises caused by COVID-19 and in anticipation of future public health emergencies. Senate Bill S7506B, which took effect on September 30, 2020, included modifications to New York’s Labor Law; establishing specific leave…
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Assembly Bill No. 21: The New Year brings New Jersey new rules for marijuana use and possession.
By: Cristina N. Hyde, JD After New Jersey’s citizens approved a constitutional amendment legalizing the adult use of cannabis last November, attention shifted to the state legislature to create enabling regulations in order to implement the referendum. The legislation, known as the “NJ Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act“ was passed by both…
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No more “bad” hair: The CROWN Act passes the United States House of Representatives and continues to gain strength at state and local levels
By: Cristina N. Hyde, JD As 2020 comes to a close, many are striving to learn from the trials of this incredibly difficult year and make positive changes. Aside from the COVID-19 pandemic, our country was challenged to confront the existing and equally insidious disease of systemic racism. While the battle is far from over,…
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Senate Bill No. 2380: New workers’ compensation reform creates rebuttable presumption that COVID-19 infections were contracted on-the-job
By: Cristina N. Hyde, JD Last week, Governor Murphy signed legislation which created a rebuttable presumption that coronavirus disease infections contracted by essential employees are work-related for the purpose of workers’ compensation benefits. P.L. 2020, c.84. As a result, essential employees are now entitled to full compensation unless their employer or insurance company can prove…
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Update: Federal court partially invalidates DOL’s new joint employer test
By: Cristina N. Hyde, JD Last week, United States District Judge Gregory Woods partially struck down the Department of Labor’s (DOL) new joint employer rule; holding that portions of it conflict with the Fair Labor Standards Act (FLSA) and are arbitrary and capricious. State of New York, et al. v. Eugene Scalia, et al., No….
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Senate Bill No. 2455: NJ permits professional licensure regardless of immigration status
By: Cristina N. Hyde, JD Last week New Jersey became the first east coast state to allow its residents access to occupational licenses notwithstanding immigration status. S. 2445 states: Notwithstanding the provisions of any other law, rule, or regulation, lawful presence in the United States shall not be required to obtain a professional or occupational license,…