10.24.2024FTC Rule On Non-Competes Is Bruised But Not Yet Beaten As FTC Appeals, While NLRB Continues To Challenge Non-CompetesIn April 2024, the FTC issued a Rule declaring invalid most existing non-compete agreements and prohibiting most employers from entering into new non-compete agreements after September 3, 2024, with few exceptions. Three lawsuits were filed challenging the FTC Rule - - two in Texas and one in Philadelphia. The Philadelphia lawsuit resulted in the court’s denying a motion to stay enforcement of the Rule on July 23, 2024. Judge Hodge then set a deadline of September 20, 2024 for the plaintiff, ATS Tree Service, to file a motion for summary judgment, a deadline that was extended twice. On October 4, ATS withdrew its Complaint, thereby ending this challenge and any right to appeal.
10.22.2024Brigette Eagan to Present “Employee Handbook Do’s and Don’ts” Webinar for NJICLEGenova Burns Partner Brigette N. Eagan, Esq. to present “Employee Handbook Do’s and Don’ts” for the New Jersey Institute for Continuing Legal Education on October 30th. Join Ms. Eagan for a seminar helping employers learn how to draft an effective employee handbook, learn what the courts have said on pertinent issues and get practical tips on avoiding liability.
07.17.2024Brigette Eagan To Present On NJBIZ Artificial Intelligence Panel Genova Burns Partner Brigette N. Eagan, Esq. will be participating on a NJBIZ Artificial Intelligence panel which will take place virtually on July 23rd from 1 - 2:30 pm. This panel discussion promises to be an enlightening conversation on leveraging AI to drive business success. Don't miss this opportunity to gain valuable insights from industry leaders on how AI can transform your business.
08.29.2023The ABC’S Of The EEOC’S Proposed Regulations On Pregnancy: Accommodations In The WorkplaceEffective July 27, 2023, the Pregnant Workers Fairness Act (PWFA) requires employers with 15 or more employees, to accommodate pregnancy and pregnancy-related complications in the workplace. The Equal Employment Opportunity Commission (EEOC), which is the federal agency charged with enforcing the PWFA, recently issued proposed regulations clarifying employer obligations and employee rights under the PWFA. The PWFA requires employers to provide qualified employees and applicants with known limitations relating to pregnancy, childbirth or related mediation conditions with reasonable workplace accommodations, unless the accommodation causes an undue hardship. The key terms, underlined for clarity, are explained herein.
08.14.2023After the Injury: NJ District Court Reiterates Indefinite Light Duty & Unpaid Leave is Not a Reasonable AccommodationOn July 12, 2023, in Wraith v. Wayfair, Inc., the United States District Court for the District of New Jersey granted summary judgment in favor of an employer, dismissing a former employee’s claim of disability discrimination and failure to accommodate in violation of the New Jersey Workers’ Compensation Act (WCA), the New Jersey Law Against Discrimination (NJLAD) and the New Jersey Paid Sick Leave Law (PSLL) following an on-the-job injury. The District Court found that the employer did not have a duty to accommodate an indefinite light duty or indefinite leave under the law where the only information provided was a physician note indicating the employee could not return to work.
01.23.2023Practical Considerations On The Speak Out ActThe Federal Speak Out Act Limits Confidentiality Over Resolved Claims Against Employers For Sexual Harassment And Assault. Here Are Some Practical Pointers For New Jersey Employers.
01.18.2023Combating Human Trafficking: New York Enacts Posting Requirements & Recognition Training for Hospitality & Transportation EmployeesOn July 20, 2022, New York State Governor Kathy Hochul signed eight pieces of legislation into law aimed to provide support and resources to victims of human trafficking. These laws impose new training requirements for employees in the hospitality and transportation industries, in addition to requiring crucial information be posted in the restrooms of human trafficking hotspots like airports, bus terminals and truck stops.
01.17.2023Beginning On April 10, 2023, New Jersey Employers Must Comply With Stricter Requirements On Mass-Layoffs And Business ClosuresIn 2020, New Jersey amended the Millville Dallas Airmotive Plant Job Loss Notification Act (referred to as the NJ WARN Act), which regulates employers implementing mass layoffs and business closures. Governor Phil Murphy placed those amendments on hold due to the Covid-19 pandemic. Three years after their enactment, on January 10, 2023, Governor Murphy passed legislation making those amendments effective on April 10, 2023. Those amendments change the landscape for those employers who are forced to close their doors or reduce their workforce.
12.22.2022Compliance Alert For New Jersey Employers: Updated Employment Posters issued by the DCRThe New Jersey Division on Civil Rights (DCR) recently adopted new and amended regulations concerning the "Display of Official Posters of the Division on Civil Rights” which require employers to display two updated posters in the workplace. The first poster informs employees of the prohibition under the New Jersey Law Against Discrimination (NJLAD) against discrimination and harassment in the workplace based on a protected status. The second poster informs employees of their right to take up to 12 weeks of unpaid, job protected leave in a 24 month period to care for a family member or bond with a newly born or placed child under the New Jersey Family Leave Act (NJFLA). The NJFLA applies to employers of 30 or more employees.
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