11.20.2024Not So Fast - Texas Court Derails DOL Rule Expanding Eligibility for Overtime PayOn November 15, a U.S. District Court in Texas put the brakes on the Department of Labor’s April 2024 Rule designed to make more employees eligible for overtime pay under the Fair Labor Standards Act. State of Texas v. United States Department of Labor; Plano Chamber of Commerce v. United States Department of Labor.
10.30.20242024 Election: How Labor Law Could Shift Under Trump or Harris LeadershipThe Presidential Election is upon us with many indicators predicting a close election. The two candidates and their respective party platforms offer opposing views on many major issues. While some issues play more prominently in the press than others, issues related to Labor Law feature two vastly divergent approaches. Since President Trump already has a track record on federal labor policy and Vice President Harris signals support for President Biden’s labor policy, here are three areas in Labor Law that will be sensitive to who takes the oath of office on January 20, 2025.
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.
10.09.2024Three Strikes: Lessons Learned From The ILA, Autoworkers, & Actors StrikesNow that the ILA short-lived but eventful strike is over, it is important to understand what this strike and the two noteworthy strikes of last year by the Autoworkers and the Actors-Writers have in common and what we might learn from them. Technology. Or, to put it a bit more expansively, the march of advancing technology pitted against the anxieties over job loss. The Autoworkers’ union picketed in part because of job vulnerability due to the increasing market share of electric cars, which require a different process to manufacture. Actors and Writers protested the way artificial intelligence is affecting and will affect their work. The ILA struck in part due to the threat automation presents to their jobs on the docks. The strikes were all viewed as successful by the unions because of significant wage increases. But were they successful at stemming the tide of technology or have they just plugged the dam? Put another way, what can employers do to embrace technology while also embracing its employees and maintaining labor peace?
10.02.2024New Complaint Questions the Constitutionality of the Occupational Safety and Health Review CommissionKenric Steel, LLC, a New Jersey based steel fabrication company, filed a complaint in the U.S. District Court of New Jersey alleging that the Occupational Safety and Health Review Commission (OSHRC), an independent federal commission, should not decide whether Kenric Steel, LLC has to pay $348,000 in penalties for alleged violations of the Occupational Safety and Health Act (OSH Act). The penalty assessed includes citations for willful violations.
09.13.2024Retailers Face New Compliance Requirements: Violence Prevention and Panic Buttons Under New York LawOn September 5, 2024, New York Governor Kathy Hochul signed into law the Retail Worker Safety Act (“Act” and “Legislation”), which in 6 months, will impose a series of new obligations on retail businesses operating in the State. Following California, which in July 2024 enacted legislation requiring retail employers to maintain a Workplace Violence Prevention Plan, New York’s new law is in response to the verbal harassments, threats of violence and physical violence to which retail workers are routinely exposed, according to the Act’s legislative history.
09.12.2024Genova Burns Announces New Milestone for Bruce Wolff, ERISA Specialist, and Gina Maturi, Newly Admitted AttorneyGenova Burns LLC proudly celebrates two significant accomplishments within its ranks. Bruce L. Wolff, Esq., Of Counsel, continues his remarkable tenure at the firm as a preeminent authority in Employee Retirement Income Security Act (ERISA) law, while Gina M. Maturi, Esq., achieves a professional milestone, recently passing the bar exam after a distinguished multi-year career at Genova Burns as a paralegal.
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.
07.09.2024Chevron’s Passing Likely to Reshape Labor and Employment Law as SCOTUS Questions Presumption of Agency Subject Matter ExpertiseOn June 28, 2024 the Supreme Court overruled the 40-year-old landmark ruling known as Chevron, a doctrine of administrative law that has until now required courts to defer to federal agencies’ interpretations of ambiguous statutory language. By doing so, the Court has created opportunities for court challenges to agency regulations including those issued by federal labor law and equal employment law agencies.
06.25.2024SCOTUS Requires NLRB to Meet Traditional Standards for Preliminary Injunctive Relief On June 13 the U.S. Supreme Court heightened the standard a court must apply to an NLRB request for a preliminary injunction against an employer accused of violating federal labor law. In resolving a circuit split in which courts applied different tests in determining when to grant preliminary injunctive relief, the Court held that district courts should apply the traditional, four-pronged test in determining whether to grant a preliminary injunction under Section 10(j) of the National Labor Relations Act (Act). Starbucks Corp. v. McKinney.
06.18.2024Angelo Genova And Daniel Stolz Named To Lawdragon 500 ListingGenova Burns would like to congratulate Co-Founding Partner Angelo J. Genova, Esq. for his recent naming, once again, to Lawdragon's 500 Leading Corporate Employment Lawyers annual Guide and Partner Daniel M. Stolz. Esq., who has also been named to Lawdragon's 500 Leading Global Bankruptcy & Restructuring Lawyers annual Guide.
05.22.2024Prime Healthcare Atty Jumps Back To Genova Burns As PartnerA former Genova Burns LLC associate has rejoined the firm in New Jersey as a labor and employment partner this week after an in-house stint as associate general counsel for 50,000-employees.
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