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…
Category Archives: Employment
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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,…
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Families First Corona Virus Response Act and Executive Order 107: What small business owners should know about employee accommodations
By: Cristina N. Hyde, JD As school closings continue to force America’s workforce to navigate impossible choices between childcare and employment, New Jersey businesses should be aware of the following state and federal relief measures that currently remain in effect for all eligible employees. New Jersey Executive Order 107 Despite the execution of Executive Order…
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COVID-19 Liability Waivers: Are they a good idea?
By: Cristina N. Hyde, JD As individuals begin returning to work in New Jersey, business owners and health care practitioners are rightfully concerned about exposure to liability related to corona virus disease 2019. Therefore, many are exploring the option of having associated individuals waive their right to sue for injuries related to a COVID-19 diagnosis…
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REMOTE WORKFORCE MANAGEMENT CONSIDERATIONS DURING PANDEMIC
Now that you have been forced to expand, secure, and support a remote workforce… what happens next? By: Peter Jacobson, Director of Business Development, powersolution.com Although the deployment of remote workforces has been gradually growing over a period of several years, the current pandemic has mandated exponential growth of remote workers in a very short…
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U.S. Supreme Court Reaches Critical Conclusion: Title VII Protections Extend to Sexual Orientation and Gender Identity.
Only the written word is the law, and all persons are entitled to its benefit. – Justice Neil M. Gorsuch, Bostock v. Clayton County, Georgia, No. 17-1618 (2020) (p.6) By: Cristina N. Hyde, JD Yesterday, in a 6-3 decision, the United States Supreme Court ruled that Title VII of the Civil Rights Act of…
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H.R. 7010: New Amendments to Paycheck Protection Program Afford Employers Increased Flexibility Related to Loan Forgiveness
By: Cristina N. Hyde, JD Last Friday, President Trump signed H.R. 7010 into law. Otherwise known as the Paycheck Protection Program Flexibility Act of 2020 (the “Flexibility Act”), it is meant to amend provisions of the Small Business Act and the CARES Act so as to address concerns related to loan forgiveness under the Paycheck…
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Senate Bill No. 718: New Jersey Legislators Hope to Bolster Teen Employment with Tax Credits
By: Cristina N. Hyde, J.D. According to the United States Bureau of Labor Statistics, the youth labor force “grows sharply between April and July each year.” Although summer may look a little different this year as small businesses struggle to implement new operating procedures amid the COVID-19 pandemic, it is likely that New Jersey’s youth…
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The Diane B. Allen Equal Pay Act Explained: March 2020 Guidelines Provide Explanation of Purpose and Application
By: Cristina N. Hyde, JD Last July, the New Jersey Diane B. Allen Equal Pay Act (the Act) effectively expanded protections against pay discrimination and retaliation under the New Jersey Law Against Discrimination (NJLAD). Almost a year later, the New Jersey Division of Civil Rights (DCR) has published guidance intended to offer clarification and assistance…