August 21, 2024 – UPDATE: Texas Federal Court Has Blocked FTC’s Prohibition on Non-competes from Taking Effect on September 4th, Nationwide. Yesterday, the United States District Court for the Northern District of Texas ruled that the Federal Trade Commission (FTC) exceeded its statutory authority in promulgating the ban on non-competes and that the new rule…
Tag Archives: Employment
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Proposed FTC Rule Seeks to Promote Economic Liberty: Why Your Noncompete Clause May No Longer be Enforceable
By: Cristina N. Hyde, JD Last Thursday, the Federal Trade Commission proposed a Non-Compete Clause Rule (the “proposed rule”) that would broadly ban the use of noncompete clauses in employment agreements. The typical noncompete agreement prevents individuals from working for a competing employer, or starting a competing business, after their employment ends. They also often…
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Assembly Bill No. 4521: Savage decision regarding Non-Disparagement Clauses Prompts New Legislation
By: Cristina N. Hyde, JD Last May, in the case of Savage v. Township of Neptune, the New Jersey Appellate Division determined that a 2019 amendment to the New Jersey Law Against Discrimination (NJLAD), prohibiting non-disclosure or confidentiality provisions in employment contracts and settlement agreements, did not extend to the inclusion of non-disparagement clauses. Four…
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Flexibility offered to American Workforce During Pandemic Recovery: How to “post” notices for the virtual or hybrid workplace
By: Cristina N. Hyde, JD Last week, the Campanella Law Office blog addressed the importance of continued compliance with an employer’s requirement to provide conspicuous notices of employees rights in the workplace; particularly in light of several recent federal and state-level legislative updates. Of course, complying with many of these requirements has become increasingly difficult as…
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Employee Rights: Are your posters up-to-date?
By: Cristina N. Hyde, JD As of the end of next month, employers will have been struggling to keep businesses alive amid the COVID-19 pandemic for two years. In that time, in addition to constantly evolving health safety protocols, there have also been a series of legislative developments that suggest a review of notice and…
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Courtroom Cue: New Jersey Supreme Court Addresses Pregnant Workers Fairness Act
By: Cristina N. Hyde, JD On March 9, 2021, the New Jersey Supreme Court had its first opportunity to consider a pregnancy discrimination matter that was based on the New Jersey Pregnant Workers Fairness Act (the “Act”). The Court was asked to consider whether the Act had been violated as a matter of law. After…
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COVID-19 Emergency Temporary Standard: OSHA acts to ensure continued protection of healthcare employees
By: Cristina N. Hyde, JD On June 21, 2021, OSHA’s COVID-19 Emergency Temporary Standard (ETS) was published in the Federal Register. Fueled by concerns over divergent approaches to workplace safety taken by state and local governments, the healthcare industry specific regulations were issued in conjunction with updated guidance for other industries. The ETS is…
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Case Law Alert: New Jersey Courts Address Issues Raised By Employee Use Of Marijuana
By: Cristina N. Hyde, JD As the effects of New Jersey’s recent personal use cannabis legalization begin to percolate throughout the state, it is imperative that employers ensure that their practices and policies fairly recognize this evolving area of law. When Governor Murphy signed cannabis reform into law last February, employers were already struggling to…
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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…