Labor and Employment

Federal Courts Stop Dancing the “Lusardi Two-Step” Used in Age Discrimination Class Actions

September 5, 2024

Some forty years ago this author litigated a precedent setting case in the United States District Court in Newark, New Jersey and in the Third Circuit Court of Appeals in Philadelphia.  Among numerous reported decisions in that case was one that guided federal courts across the nation concerning the standard for class certification in age […]

Breaking News: Texas District Court Sets Aside FTC Rule Banning Non-Compete Agreements

August 21, 2024

On August 20, 2024, in the long awaited decision of Ryan, LLC v. Federal Trade Commission, (Civil Action No. 3:24-CV-00986-E, Northern District of Texas Dallas Division), United States District Judge Ana E. Brown set aside the Federal Trade Commission (“FTC”) rule (the “FTC Rule”), which generally would have banned non-compete provisions, effective September 4, 2024.  […]

Paid Lactation Breaks Are Now Mandatory In New York

July 23, 2024

Effective June 19, 2024, all employees in the State of New York have the right to paid break time to express breast milk.  Specifically, N.Y. Labor Law § 206-c1 provides that “an employer shall provide paid break time for thirty minutes, and permit an employee to use existing paid break time or meal time in excess of thirty minutes to allow an employee to express breast milk for such employee’s nursing child each time such employee has reasonable need to express breast milk for up to three years following child birth.”

How the Supreme Court’s Loper Decision Overturns Chevron Doctrine and Impacts Employment Law

July 3, 2024

The Supreme Court’s decision last week in Loper Bright Enterprises v. Raimondo, __ U.S. __ (2024), overturning the 40-year-old Chevron doctrine, drastically reshapes administrative law. Under Chevron, administrative agencies had latitude in interpreting ambiguities in the statutes they administer. So long as the ambiguity was genuine and the interpretation reasonable, courts would defer to the […]

New Jersey Supreme Court Invalidates Non-Disparagement Provision Against Alleged Victim of Discrimination and Harassment

July 1, 2024

In Savage v. Township of Neptune, et al., (A-2-23, decided May 7, 2024), the New Jersey Supreme Court analyzed and invalidated a non-disparagement provision included in a settlement agreement against a plaintiff alleging claims of discrimination and harassment under the New Jersey Law Against Discrimination (“LAD”).  Specifically, the Court held that “because the scope of the agreement in this case would bar individuals from describing an employer’s discriminatory conduct, the agreement encompasses speech the LAD protects” and thus, “the non-disparagement clause in the agreement is against public policy and cannot be enforced.”

New York Governor Signs Significant Legislature Impacting Employer Requirements for Pregnant and Nursing Employees

May 21, 2024

On April 20, 2024, New York Governor Kathy Hochul signed a significant amendment to New York State’s Paid Sick Leave law (NY State Labor Law § 196-b), mandating that all New York employers provide 20 hours of paid prenatal personal leave per 52-week period, starting January 1, 2025.

What is the Impact of the FTC Ban on Non-Competes on Other Types of Contractual Restrictions?

May 10, 2024

On April 23, 2024, the Federal Trade Commission (“FTC”) voted to finalize a rule that prohibits employers from enforcing non-compete agreements against workers (“The Rule”).  The Rule takes effect 120 days from its publication in the Federal Register. 

Two Steps Forward and One Step Back for Me Too Movement

May 3, 2024

Last week’s reversal of the 2020 rape conviction of Harvey Weinstein was a major blow to the Me Too Movement his conduct helped start.

FTC Rule Banning Non-Competes: What It’s All About!

April 25, 2024

On April 23, 2024, the FTC finalized a rule prohibiting non-compete agreements for most employees. This article outlines the key aspects of the rule, explains employer compliance requirements, and offers advice for navigating uncertainties arising from litigation challenging the rule.

The Death Knell for Noncompetes as We Know Them

April 24, 2024

The Federal Trade Commission’s new Rule drastically alters the landscape for non-compete clauses in the U.S., affecting about 30 million workers. Excluding Senior Executives and certain business sales, the Rule eliminates most existing non-competes and prohibits future ones, aiming to enhance labor mobility and competition.

Navigating New York City’s Updated Workers’ Rights Poster Requirements: Compliance and Considerations

March 17, 2024

By July 1, 2024, NYC employers must display and distribute a new Workers’ Rights poster, including a QR code linking to the City’s Workers’ Bill of Rights webpage. Mandated by Local Law 161, failure to comply may result in a $500 penalty per violation. Employers utilizing electronic communication must ensure digital accessibility.

Conquering Cybersecurity Challenges: A Fiduciary Perspective under ERISA

March 14, 2024

In today’s digital era, innovations like AI and quantum computing revolutionize workplaces, but cyberattacks loom large. ERISA, established in 1974, sets fiduciary standards for retirement plans. Yet, cybercrime’s $6.9 billion loss in 2021 and legal cases highlight the urgency. The DOL’s 2021 guidance emphasizes proactive cybersecurity measures for plan sponsors, urging collaboration and vigilance.

When More Clients Is Not Necessarily a Good Thing

March 12, 2024

Adler and Nwanna discuss the challenges of representing multiple defendants, a scenario that often arises when employees sue both their employer and individual executives. While such dual representation can be cost-effective, it may lead to conflicts of interest if undisclosed information surfaces during the case. The article outlines the legal obligations and ethical standards that lawyers must navigate to ensure fair representation for all parties involved.

Landmark Victory: Governor Signs Domestic Workers’ Bill of Rights into Law in New Jersey

March 1, 2024

On January 12, 2024, Governor Phil Murphy signed the Domestic Workers’ Bill of Rights (S723) into law, representing a landmark victory for labor rights groups across the state. The new law, effective July 2024, extends labor rights including, but not limited to, mandatory minimum wage, paid sick leave, and protections against unlawful termination, to over […]

Restrictive Covenants and Forfeiture-for-Competition Clauses

February 28, 2024

The Delaware Supreme Court recently sided with employers in a significant ruling, enabling companies to enforce clauses that withhold benefits from former employees who compete against them. This decision, favoring the enforcement of “forfeiture-for-competition” clauses, marks a pro-employer shift in legal approaches to restrictive covenants in Delaware.

Mandelbaum Barrett PC Partners Spotlighted in New York Journal of Law for Insights on Landmark Social Media Privacy Legislation

February 27, 2024

On September 14, 2023, Governor Kathy Hochul signed Senate Bill S2518A into law, introducing significant changes to New York’s Labor Law with the addition of Section 201-i, set to take effect on March 12, 2024. This legislation prohibits employers from requiring job applicants or employees to provide access to their private, personal social media accounts. Aimed at protecting individual privacy and preventing discriminatory hiring practices, the law outlines specific prohibitions, including the demand for usernames, passwords, or other authentication means for personal social media accounts, while also detailing exceptions for business-related accounts and devices financed by the employer.

Recent Amendments to the New Jersey False Claims Act

February 23, 2024

Effective June 30, 2023, the New Jersey Legislature amended the New Jersey False Claims Act (“NJFCA” or “Act”) to align it more closely with the federal False Claims Act (‘FFCA”) and, thus, make New Jersey eligible for a 10% enhancement in its recoveries in Medicaid fraud cases.[1] Overview of the NJFCA The NJFCA, enacted in […]

Navigating ADA Compliance Challenges in the Healthcare Sector

January 25, 2024

The Americans with Disabilities Act (“ADA”) is the primary federal statute which prohibits discrimination in employment based upon an individual’s physical or mental disabilities. State laws which prohibit disability discrimination in employment have similar prohibitions on such discrimination and in some respects compliance with the State law is even more demanding on employers than ADA […]

Game Changing Analytics: A Legal Perspective on NBA’s Data Battles

January 24, 2024

Chris Zona, Partner in Litigation, and John Burns, Associate in Labor and Employment at Mandelbaum Barrett PC, delve into a compelling legal case involving the use of analytics in the NBA. This case, focusing on a dispute between the New York Knicks and the Toronto Raptors, highlights the increasing importance of statistical analysis in sports strategies and the legal complexities it introduces.

Effective HR Management Documentation for Dental Practices

January 23, 2024

Course Description: In this informative presentation, Dennis Alessi and Brent Pohlman, Partners at Mandelbaum Barrett PC, will provide valuable insights into creating and implementing effective policies and procedures. Discover how a well-crafted policy manual serves as a shield, providing a strong defense against potential legal issues. Explore strategies to proactively address claims related to discrimination, […]

Should Restrictive Covenants for Doctors be Outlawed in New Jersey?

January 2, 2024

Lawyers working in New Jersey cannot be bound to non-competition agreements.  Has the time finally come to treat doctors the same way?  In this writer’s opinion the answer is no but the legislature should consider imposing certain restrictions on these agreements to make them less onerous.  Restrictive covenant agreements, also known as “non-competes,” typically preclude […]

Video: Gary and Martin discuss why they became Attorneys

October 12, 2023

Martin and Gary reflect on their ‘whys’. While Marty embarked on this journey to deepen his understanding of tax complexities, Gary was driven by a steadfast belief in the rule of law. It’s more than just a profession; it’s a lifelong commitment to their respective passions and principles.

The NLRB’s Jurisdiction and the Repercussions of the Stericycle Decision on Employee Rights

October 4, 2023

Employment attorneys, Gary Young and Brent Pohlman, unpack the recent NLRB ruling on Stericycle. What does this mean for employers, both unionized and non-unionized? Listen in to understand the ripple effects on the Boeing Standard. Essential insights for businesses navigating these evolving regulations.

Video: Advice to for Young Attorneys

October 3, 2023

Martin Hauptman and Gary Young have a combined 100 years of experience in the field, we asked them what advice they would have for attorneys who are just starting out.

Opinion: Tip Credit Elimination Act

August 10, 2023

Earlier this year, Washington D.C. began implementing its Tip Credit Elimination Act, which will gradually reduce the tip credit, eliminating it altogether by 2027 In this respect, Washington D.C. is not alone. In recent years, legislatures across the country have moved to eliminate the tip credit granted to businesses with tipped employees to fulfill their […]

New Jersey Enacts Tax Laws Impacting Nonresident Employees and Credit Programs

August 2, 2023

Governor Murphy Reinforces the Convenience of the Employer Rule for Nonresident Employees On July 21, 2023, New Jersey Governor Phil Murphy signed into law a noteworthy change concerning nonresident employees working for New Jersey employers. This change is particularly significant for those who are residents of states that use a “convenience of the employer” rule […]

Op-Ed: Has NJ’s revised WARN Act metastasized into an anti-business job killer?

April 14, 2023

In his op-ed piece for NJ spotlight, Gary Young discussed the revised NJ WARN Act, also known as the “mini-WARN Act.” The revised Act came into effect on April 10 and has the potential to be an anti-business job killer. In his article, Young highlights some of the Act’s key features, including increased notice obligations, mandatory severance, and lower thresholds to trigger WARN.

Spelling “Broker” Without the ABCs

March 17, 2023

The New Jersey Appellate Division recently handed down a decision in Kennedy v. Weichert Co., Docket No. A-0518-19, rejecting the use of the well-established “ABC” test when deciding whether a real estate salesperson is an independent contractor or employee under the New Jersey Wage Payment Law (“WPL”).  The Court held that the plain language of […]

How Not to Handle Human Resource Issues

March 15, 2023

One could teach a course on how not to run a company or, more precisely, how not to handle a company’s Human Resources issues, by studying Elon Musk.

No Express Waiver Needed in Arbitration Clauses Between Sophisticated Parties

February 9, 2023

In a groundbreaking published decision, County of Passaic v. Horizon Healthcare Services, Inc., a New Jersey appeals court held that where parties to a contract “are sophisticated and possess relatively equal bargaining power,” an arbitration clause does not need to contain an express waiver of the parties’ right to seek relief in court. Until now, […]

New Jersey’s 2020 WARN Act Amendments: A Comprehensive Look at the Changes to Employer Obligations and Liabilities

January 27, 2023

The NJ WARN Act requires employers to provide advance notice to employees in the event of a plant closing or mass layoff. In 2020, radical changes were made to the law, expanding the definition of “employer” and “mass layoff”, adding obligations in the event of a “change of control”, and expanding the definition of “establishment”. The amendments will take effect on April 10, 2023, making more employers subject to the law and potentially exposing owners and decision-makers to individual liability.

FTC PARTISANSHIP OVERCOMES REASON AND THE RULE OF LAW

January 23, 2023

There is a well-known saying: “If it’s not broken, don’t fix it.”  On January 5th, the Federal Trade Commission (FTC) published a controversial, Proposed Rule banning employment agreement non-competes in an apparent abuse of power. It is alleged that the FTC’s action was taken to satisfy Big Labor’s request for assistance by bolstering its appeal […]

Controversial California Law is Pushed Forward Despite Referendum Pause

January 13, 2023

The Fast-Food Accountability and Standards Recovery Act (FAST) was signed into law in California on September 5, 2022. The 10-member council, including union activists, is authorized to set minimum wages and other working conditions for non-unionized fast-food workers. Non-unionized employers face an immediate minimum wage increase to an unprecedented $22/hour and exposure to lawsuits. The law has raised constitutional concerns and will likely face legal challenges. Mandelbaum Barrett PC is ready to review the implications of FAST for the New Jersey Hospitality Industry.

State Law Overrides Contractual Severance for Borough Administrators

November 11, 2022

When it comes to public employment in New Jersey, the terms and conditions of employment are not merely a matter of private contract. Statutory law often governs public employment and supersedes or invalidates any contractual arrangement to the contrary. Such was the case in the recent published decision in Carelli v. Borough of Caldwell, __ […]

Restaurants and Those in the Hospitality Business Should Not Rely on Faulty Understandings of Wage & Hour Laws

November 2, 2022

Employers in the restaurant and hospitality industries must be aware of the risks associated with tip pooling. Non-compliance with wage and hour laws can result in significant financial penalties. Key areas to pay attention to include properly informing employees, correctly implementing tip pooling, and paying overtime to tipped employees. By understanding and adhering to the law, employers can mitigate the risks associated with tip pooling practices.

EEOC releases Updated “Know Your Rights” Poster

October 31, 2022

Employers with at least 15 employees are now required to post the new mandatory Equal Employment Opportunity Commission’s “Know Your Rights” poster. The poster, replaces and updates the previous “EEO is the Law” poster.  Employers must place the new poster in a conspicuous location in their workplace. Employers without a physical location should post an […]

Can New Jersey Employers Fire an Employee for Marijuana Use?

October 19, 2022

On September 9, 2022, the New Jersey Cannabis Regulatory Commission on Workplace Impairment published Guidance regarding whether employers may fire employees for smoking or otherwise ingesting marijuana.   For those not paying attention, on February 22, 2021, Governor Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) which legalized recreational […]

New York City’s Pay Transparency Law Takes Effect November 1, 2022

October 15, 2022

On November 1, 2022, New York City employers will be required to disclose salary ranges in advertisements for job openings, promotion and transfer opportunities pursuant to New York City’s Pay Transparency Law. What NYC Employers Are Covered?“Covered employers” include those with four or more employees (including independent contractors and owners), or one or more domestic […]

Exercising Free Speech Rights Does Not Support a Pierce Claim

June 17, 2022

On May 20, 2022, the New Jersey Appellate Division held in a published opinion that an employer is free to terminate an at-will employee based on the employee’s racially insensitive remarks made on the employee’s private social media. An employee cannot bring a Pierce claim premised on the employee’s right to free speech under the Free Speech […]

What Should You Know About the New Ban on Forced Arbitration of Employee Sexual Abuse Claims?

April 20, 2022

There is a general belief that arbitration favors employers and large businesses. However, an important change in the law, backed by bipartisan support, has advanced employee rights significantly by increasing their access to courts for certain claims. Specifically, the new law affects an employer's ability to enforce an arbitration agreement and handle sexual harassment/assault claims privately through arbitration.

On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the "Act") into law. This law, which amends the Federal Arbitration Act, prohibits forced arbitration of sexual harassment and sexual assault claims.

Restrictive Covenants for Doctors and the Need to Remain Vigilant

March 21, 2022

It has long been the law in New Jersey that doctors can be bound to reasonable restrictive covenants. This includes those arising out of a sale of a medical practice as well as non-competition clauses contained in employment agreements. Karlin v. Weinberg, 77 N.J. 408 (1978); Cnty. Hosp. Group, Inc. v. More, 183 N.J. 36 (2005). However, medical groups should not just stick them in a file and forget about them after they are signed because circumstances change. A victory we had last week in the New Jersey Appellate Division highlights the need for medical practices to remain vigilant with regard to their restrictive covenants.

Four Employment Law Issues Small Business Owners Need to Be Aware of in 2022

February 18, 2022

1) Marijuana Use by Employees: While the federal government is not going to legalize recreational marijuana, states and local jurisdictions continue to propose and pass legislation that addresses decriminalization of marijuana, recognition of medical marijuana use and legalization of recreational marijuana. Currently 34 states permit medical use of cannabis products, and 18 states and the Washington D.C. permit recreational use of marijuana. The laws in some of these states prohibit employers from taking adverse action against an employee

What does this mean for your Practice? Regarding recreational marijuana you can still prohibit employees from being under the influence while working. With respect to medical marijuana, you must engage in the "interactive process" and determine if a "reasonable accommodation" can be provided to an employee whose medical condition requires that they be under the influence during working hours. Your practice should review its substance abuse policy to ensure that it complies with your state and local laws, and you should identify a local lab that can perform the testing required to determine if an employee is under the influence while at work.

The Fearless Forecaster Once Again Predicts Key Employment Law Issues For The New Year

January 6, 2022

For those old enough to remember Johnny Carson and his character Carnac the Magnificent, every year I inherit Carnac's super-powers to predict the upcoming year's likely hot topic employment issues.

The New York State Department of Labor ("DOL") adopted long-awaited Regulations for the New York Paid Sick and Safe Leave Law

January 3, 2022

On December 22, 2021, the New York State Department of Labor ("DOL") adopted long-awaited Regulations for the New York Paid Sick and Safe Leave Law which went into effect on September 30, 2020. The Rules, codified as Section 196 to Title 12 of the NYCRR, address several key issues in response to public comments relating to (1) how to count the number of employees for purposes of determining leave; (2) how to calculate sick leave accrual; (3) carryover of accrued leave; and (4) documentation.

Client Update on OSHA Vaccine and Testing Mandate

November 5, 2021

On Thursday November 4, 2021 the United States Department of Labor, Occupational Safety and Health Administration ("OSHA") issued the long-awaited temporary rule addressing mandatory COVID-19 vaccination and testing in the workplace.

EEOC Updates its Interpretation of the Law Relating to Religious Accommodations and COVID-19 Vaccinations

October 29, 2021

As employers begin to welcome employees back to the office following the long hiatus related to COVID-19, the hot topic that has arisen relates to employees who do not want to be vaccinated for religious reasons. Earlier this week, the United States Equal Employment Opportunity Commission issued new Q & A’s to guide employers through […]

Litigation Continues Challenging Vaccine Mandates

October 19, 2021

A vaccine mandate issued by Rutgers University was recently challenged in federal court in New Jersey. In Children's Health Defense, Inc. et al. v. Rutgers, a number of students sought, but were denied, a temporary restraining order against the school.

New Jersey Takes a Stand Against Age Discrimination

October 18, 2021

Last week, the Governor of New Jersey signed into law a bill that amended the section of the New Jersey Law Against Discrimination (NJLAD) governing age discrimination. The legislation eliminated the provision of the NJLAD that permitted employers to refuse to hire job applicants and/or promote employees 70 years of age or older. An employer […]

Analyzing Recent Employment Law Headlines

October 7, 2021

Mandatory COVID-19 Vaccinations at Work Gain Steam; Botched Sexual Misconduct Investigations Involving USA Gymnastics and the National Women’s Soccer League Remind Employers to be Vigilant. We continue to keep our clients ahead of the curve on important employment law developments, in order to help insulate employers from liability. Events from just the past week or […]

President Biden Enlists Employers in the Fight Against COVID-19

September 10, 2021

On Thursday, September 9, President Biden signed executive orders requiring all federal executive branch employees and most federal workers to be vaccinated or face discipline. The President also announced a plan to mandate vaccines at all businesses with 100 or more workers or face mandatory weekly testing. His efforts to bring employers into the fight […]

The Lesson to Be Learned from Governor Andrew Cuomo's Resignation

August 11, 2021

It should no longer be acceptable for a supervisor to be an "equal opportunity" bully in the workplace. Employers should put an immediate stop to this boorish behavior because, as we have seen with Governor Cuomo, the nuanced argument that an equally tough and highly demanding boss does not discriminate, easily can be refined further by proving that bullying of women is different.

New Jersey Adopts Potent New Weapon Against Worker Misclassification

July 19, 2021

On Thursday, July 8th, 2021, Governor Phil Murphy signed four bills into law as part of a bipartisan effort to protect workers from “worker misclassification.” Bills A.5890, A.5891, A.5892, and A.1171 are New Jersey’s most recent foray into regulating the so-called “gig economy.” Worker misclassification is the practice of an employer improperly misclassifying its employees […]

Returning to Work? EEOC Updates Guidance for Employers During the Pandemic

June 1, 2021

After this Memorial Day weekend, there is some light at the end of the COVID-19 tunnel as many employers begin welcoming employees back to their physical offices

Is It a HIPAA Violation for a Business to Ask for Proof That You Got a COVID Vaccine?

May 20, 2021

Brent Pohlman weighs in on whether or not it's a HIPAA violation for businesses to ask for proof of a COVID vaccination.

Does the FDA's EUA of the COVID-19 Vaccine Impact Whether Employers Can Require Employees to Take the Vaccine as a Condition of Returning to Work?

December 22, 2020

We write to clarify our last employment law blog article concerning whether employers can mandate that employees take the COVID-19 vaccine as a condition to returning to their places of employment. Our last article set forth the issues facing employers under a scenario where the FDA gives its full approval licensing the vaccine. Currently, however, […]

Employers Can Require Workers To Get Vaccinated For Covid-19 But There Are Exceptions

December 21, 2020

There is a light at the end of the long, dark tunnel. Pfizer’s COVID-19 vaccine is now being administered and the Moderna vaccine will soon be next. This has led many employers to ask whether they can require employees to get vaccinated as a pre-condition for returning to the office or a company’s premises. The […]

New York State's Paid Sick Leave Law – New Guidance

December 1, 2020

On September 30, 2020, New York’s State Sick Leave Law (NYSSL) went into effect. Under the NYSSL, employees began accruing sick leave benefits at a rate of one hour of leave for every 30 hours worked. Employers may require employees to wait until January 21, 2021 before they use any accrued leave. What Must Employers […]

Hope On The Horizon As We Approach Year End

November 23, 2020

On Saturday, Governor Phil Murphy, signed Executive Order 200, extending the public health emergency. Likewise, Governor Andrew Cuomo imposed new restrictions, including limitations on indoor and outside dining. Those moves are a stark reminder that as we approach year end, many people would like to forget 2020. But progress on the vaccine front gives us […]

New Jersey's Governor Signs Executive Order 192, Imposing New COVID-19 Safety Requirements on Employers

October 30, 2020

Effective 6:00 a.m., November 5, 2020, Governor Murphy’s Executive Order 192 requires every New Jersey employer (“business, non-profit and governmental or educational entity”), to take additional COVID-19 safety measures to protect their in-person workforces. What are the New Requirements? Pursuant to EO 192, employers who “require or permit” any of part of their workforce to […]

OSHA Stepping Up Enforcement At Health Care Businesses

October 27, 2020

Since July of 2020, the U.S. Department of Labor's Occupational Safety and Health Administration ("OSHA") has significantly increased COVID-19-related enforcement activities, levying fines against 112 establishments within the New York metropolitan area. The fines and penalties imposed by OSHA between mid-July and mid-October 2020 amount to just over $1.6 million.

Federal Wage and Hour Division Issues Guidance as Schools Prepare to Reopen

September 4, 2020

COVID-19 has redefined the term “back to school” this year. On August 27, 2020, the Department of Labor (“DOL”) Wage and Hour Division updated is Guidance and added FAQs 98-100 to address employer and employee questions as schools implement remote, in-person and combined learning options. The Emergency Paid Sick Leave Act and the Emergency Family […]

Requiring COVID-19 Vaccines as A Condition for Returning to Work

August 31, 2020

At some point—hopefully in the not-too-distant future—we will have a vaccine for COVID-19. When that occurs, should employers require employees to be inoculated as a condition for returning to work or remaining employed? Many employers, to guard against liability, will require employees to be vaccinated to protect others from getting sick at work. Other employers, […]

LGBT and "Sex-Plus-Age" Now Recognized as Protected Classes Under Federal Discrimination Laws

August 31, 2020

Many employers are currently considering workforce reductions due to the impact of COVID-19. As a result of recent court decisions which expand the scope of Title VII of the Civil Rights Act of 1964, employers now need to be even more vigilant when reviewing their termination decisions. In June, the United States Supreme Court in […]

New Jersey Supreme Court: Employers May Deem Employees to Assent to Arbitration Agreements Through Continued Employment

August 24, 2020

On August 18, 2020, the New Jersey Supreme Court issued its decision in Skuse v. Pfizer, Inc., concerning employees’ arbitration of claims against their employers. Reversing an intermediate appellate court, the Supreme Court upheld an employer’s arbitration policy that it had disseminated through email and that deemed an employee to have assented to arbitrate any […]

U.S. Court of Appeals Sends Warning Shot: Non-Compete Clauses of Furloughed Employees May Not Be Enforceable

August 21, 2020

COVID-19 has greatly impacted many of us. Are you aware that it also may have affected the restrictive covenants used by employers? Many employers protect their customer relationships by requiring salespeople to agree not to solicit or do business with them should they ever leave. If your company furloughed employees with these non-compete clauses, they […]

U.S. District Court Judge Rejects Preliminary Approval of Harvey Weinstein Settlement

July 17, 2020

On July 14, Judge Alvin Hellerstein of the Southern District of New York rejected a proposed $46.8 million settlement, which likely would have resolved civil suits against Harvey Weinstein and his company for sexual misconduct. When one reviews the details of the proposed settlement, it is clear why the Court reached this decision. Judge Hellerstein […]

Protection from High Above: Supreme Court Strengthens Ministerial Exception from Federal Anti-Discrimination Laws

July 13, 2020

Religious institutions no longer need to pray for help when it comes to the discrimination laws. Last week, in a 7-2 decision, the U.S. Supreme Court strengthened the “ministerial exception” that protects religious institutions from federal anti-discrimination laws. Two teachers at parochial schools challenged their terminations by bringing discrimination lawsuits, one alleging age discrimination and […]

Supreme Court Rules: Title VII Protects Gay and Transgender Employees

June 16, 2020

It was a surprise to many, even avid followers of the United States Supreme Court. Yesterday, in a 6-3 vote, the land’s highest court found that Title VII of the Civil Rights Act of 1964 protects the rights of gay and transgender employees from workplace discrimination “because of sex.” Justice Anthony Kennedy, who had written […]

EEOC's Practical Guidance on COVID-19

May 7, 2020

This summary covers only the legal considerations and not public health and safety recommendations for preventing the spread of COVID-19. Employers should consult the Center for Disease Control and public health agencies for how to keep their workforces safe. In 2009, the Equal Employment Opportunity Commission (“EEOC”) issued guidance entitled “Pandemic Preparedness in the Workplace […]

U.S. Women's National Soccer Team Fails to Score A Goal in Its Equal Pay Act Lawsuit

May 4, 2020

In a well-reasoned decision issued on Friday, May 1, 2020, United States District Court Judge R. Gary Klausner, sitting in the Central District of California, gutted most of the equal pay and discrimination claims brought by the United States Women’s National Soccer Team (“WNT”). While the WNT should be commended for its play on the […]

OSHA Releases COVID-19 Guidance

April 28, 2020

The federal Occupational Safety and Health Administration (“OSHA”) has released “Guidance for Preparing Workplaces for COVID-19.” The 35-page Guidance includes specific actions that employers should take in the wake of the Coronavirus outbreak to meet OSHA’s safety and health standards and regulations. Businesses should assess their operations and employees’ exposure risks, incorporate social-distancing practices, and […]

Employers: One More Matter to Worry About Relating to COVID-19

April 27, 2020

If you thought employers already have enough on their plates to worry about—such as simply being able to stay afloat in this economy—one more matter should be added to the list: an expected uptick in whistleblower litigation related to COVID-19. This is especially true in New Jersey. New Jersey has one of, if not, the […]

Now What? Employees Returning to Work After COVID-19

April 20, 2020

All employers soon will be on the front-line leading the battle against the further spread of the deadly COVID-19 virus. On April 17, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued revised Guidance for employers dealing with the COVID-19 pandemic, adding advice for employers when allowing employees back to work. Permissible Steps to Screen Employees […]

Changes To The New Jersey Family Leave Act And Proposed Changes To New Jersey's Mini-WARN Act Resulting From COVID-19

April 14, 2020

In response to COVID-19, yesterday the New Jersey Senate made significant changes to the New Jersey Family Leave Act (“NJFLA”) and proposed changes to the Millville Dallas Airmotive Plant Job Loss Notification Act (the “mini-WARN Act”). Changes to the NJFLA As to the NJFLA, the Senate expanded the law to cover situations that stem from […]

DOL Explains Small Business Exemption from Federal Leave

April 7, 2020

The U.S. Department of Labor has published “temporary regulations” to explain how small businesses (fewer than 50 employees) may exercise the exemption from certain leave obligations under the Families First Coronavirus Response Act (“Families First Act”). As previously reported, the Families First Act has two leave components: paid leave under the Emergency Paid Sick Leave […]

DOL Announces FFCRA Regulations

April 2, 2020

Yesterday, the U.S. Department of Labor (“DOL”) announced a “new action” regarding the protections and relief available under the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act, both part of the Families First Coronavirus Response Act (“FFCRA”). The Department’s Wage and Hour Division “posted a temporary rule issuing regulations pursuant […]

COVID-19 Highlights The Importance Of Having Employers' Personnel Policies And Employee Handbooks Reviewed And Updated Now By Counsel

March 26, 2020

As we all continue to struggle with the impact of the coronavirus, the pandemic has highlighted why employers must stay vigilant with regard to updating their personnel policies and employee handbooks. Those businesses considering furloughs (unpaid leaves of absence), individual terminations and/or downsizings must consider whether those affected have written employment agreements and whether they […]

COVID-19, Remote Work and Other Cybersecurity Risks – What You Need to Know

March 26, 2020

With hundreds of millions of workers advised or required to stay at home, employers and employees are left with no other alternative but to work remotely. The sudden emergence of the COVID-19 virus pandemic has resulted in a virtual stampede into remote computing, or “remoting”. Businesses should understand that now, more than ever, they must […]

New York Department of Labor Issues Correction on COVID-19 Disability and Family Leave Benefits

March 25, 2020

As we previously reported, on March 18, 2020, effective immediately, all New York employers must provide sick leave for any employee (with limited exceptions) “who is subject to a mandatory or precautionary order of quarantine or isolation issued by New York, the Department of Health, local board of health, or any government entity duly authorized […]

U.S. Department of Labor Publishes Guidance on the Sick Leave And Expanded Family and Medical Leave Under The Families First Coronavirus Response Act

March 25, 2020

Today, the U.S. Department of Labor’s Wage and Hour Division announced “its first round of published guidance” to provide information to employees and employers about the protections and relief offered by the Families First Coronavirus Response Act (“FFCRA”) when it takes effect on April 1, 2020. The FFCRA requires private businesses with fewer than 500 […]

New Jersey's Sick Leave Law and Coronavirus – Guidance

March 25, 2020

As previously reported the Sick Leave Law applies to all employers (regardless of size) with NJ-based employees and all NJ employees (full and part-time), excluding construction industry employees covered by a collective bargaining agreement, per diem healthcare workers, and public employees who had this benefit. Employees accrue and may use up to 40 hours of […]

New Jersey Expands Essential Retail Businesses Permitted to Operate

March 24, 2020

On March 24, 2020, New Jersey’s Director of Emergency Management, Colonel Patrick Callahan, issued Administrative Order 2020-5, expanding the list of “essential retail businesses” permitted to operate during according to their normal business hours under Governor’s Murphy’s Executive Order 107. Effective immediately, the following were added to the categories of “essential retail businesses” listed in […]

Managing The Many Emerging Challenges of COVID-19 For NJ Employers

March 24, 2020

Facing the impact of COVID-19 while wishing to reserve the capacity of New Jersey’s health care system for the most vulnerable, Governor Phil Murphy on March 21st signed Executive Order No. 107 which directs all New Jersey residents to stay at home until further notice. This unprecedented measure effectively puts many New Jersey workers and […]

Impact of COVID-19 on Immigration: Issues for Employers to Consider

March 23, 2020

The spread of Coronavirus has caused unprecedented changes to many aspects of life, with ramifications for immigrant workers. Here are a few major changes employers should know about: U.S. consulates and embassies around the world have suspended immigrant and nonimmigrant visa processing. Employers must still complete I-9 forms to verify work authorization for employees but […]

Federal Families First Coronavirus Response Act

March 22, 2020

Federal Families First Coronavirus Response Act (the “Family First Act” or “Act”) was signed on March 18, 2020. The Act’s employment provisions become effective no later than April 2, 2020 and last until December 31, 2020. The Family First Act includes two leave components: paid sick leave and paid family and medical leave. The Act […]

Urgent Message Regarding Stay-at-Home Order

March 21, 2020

On March 21, 2020, New Jersey Governor Phil Murphy issued Executive Order 107 (the “Order”), which requires, among other things, that retail businesses, other than certain enumerated essential retail businesses, close their brick-and-mortar premises, beginning at 9:00 p.m. on March 21, 2020, until the Order is revoked by the Governor. The Order neither requires medical […]

The Families First Coronavirus Response Act Exemption for Health Care Providers and Emergency Responders

March 21, 2020

Much has been written the past few days about the Families First Coronavirus Response Act (“FFCRA” or the “Act”). As we have reported, the Act provides two specific benefits for employees of companies with less than 500 employees.  First, it provides paid sick leave of up to ten (10) days in addition to whatever paid […]

New York State Requires Paid Leave for Covid-19 Quarantined Employees

March 18, 2020

Effective immediately, and with limited exceptions, all New York employers must provide sick leave for any employee “who is subject to a mandatory or precautionary order of quarantine or isolation issued by New York, the department of health, local board of health, or any governmental entity duly authorized to issue such an order due to […]

Businesses Injured by the Coronavirus May be Eligible for Economic Injury Disaster Loans

March 18, 2020

Pursuant to the Coronavirus Preparedness and Response Supplemental Appropriations Act, which was signed on March 6, 2020, businesses injured by the coronavirus pandemic may be eligible for Economic Injury Disaster Loans funded by the SBA. On March 17, the Administrator of the SBA announced guidance that made it easier for a state to be declared […]

First Restaurant Claim for Coronavirus Closure Coverage

March 18, 2020

On Monday, March 16th, Ocean Grill, a New Orleans restaurant filed the first-of-its-kind lawsuit asking a state court judge to find that its property and business interruption policy covers losses due to Covid-19 government-mandated closures. Oceana Grill argued that its “all risk” policy with Lloyd’s of London cover its losses since the policy does not […]

NJ Considers Job Protection for Employees with Coronavirus

March 18, 2020

On March 16, 2020, the New Jersey legislature introduced a bill that would prohibit employers from terminating or otherwise penalizing an employee who “requests or takes time off from work” for a “specified period” based on the “written “recommendation” of a New Jersey licensed “medical professional” that such time is required because the “employee has, […]

The Proposed Families First Coronavirus Response Act

March 16, 2020

Late Friday, the United States House of Representatives passed a relief bill aimed at containing the widening effects of the coronavirus on the United States economy and public health. The bill H.R. 6201, the Families First Coronavirus Response Act, is supported by President Trump and still needs to pass the Senate.  Here are some of […]

May Health Care Providers Refuse To Treat Patients With Coronavirus?

March 16, 2020

Over the last couple of weeks, clients have asked for our advice on how to properly deal with health care providers who are refusing to treat a patient suspected of having Coronavirus. It is well-known that doctors take the Hippocratic Oath to treat patients in need of medical care to the best of their abilities.

NYC Fair Workweek Law Withstands Industry Challenge

March 9, 2020

New York City’s Fair Workweek Law requiring predictable scheduling for retail and fast-food workers, adopted in November 2017, withstood its most serious challenge last month from several business groups.  The Fair Workweek Law, enforced by the Department of Consumer Affairs, provides that fast-food workers (including those who provide food and drink preparation, cooking, off-site delivery, […]

When Chicken Soup is Not Enough: Preparing for the Coronavirus

March 3, 2020

Employers should be gearing up for a possible outbreak of coronavirus in their geographic areas. This includes establishing certain safety precautions as well as issuing a policy concerning certain protocols to be followed in the workplace. The policy should include:                  notification concerning how the virus is transmitted;  the […]

Behind the Curtain: New NJ Arbitration Organization Regulation Lifts the Veil

January 30, 2020

On January 21, 2020, New Jersey Governor Phil Murphy signed into law what appears to be first of its kind state legislation regulating arbitration organizations, such as the American Arbitration Association (AAA) and JAMS. On its face, the Act (S1490) is directed at “consumer arbitration,” meaning an arbitration involving consumer disputes involving goods and services, […]

New Laws Concerning Worker Misclassification

January 24, 2020

On January 20, 2020, Governor Phil Murphy signed into law a legislative package concerning worker misclassification and exploitation. The law cracks down on employee misclassification by allowing stop-work orders against employers who violate state wage, benefits and tax laws. The new law provides for penalties and requires employers to post a notice for their employees […]

Challenges Will Continue To Mount For Employers In 2020

January 20, 2020

Remember Johnny Carson’s soothsaying alter-ego Carnac the Magnificent? No? Fine. Instead, settle in for some prognostication from me, the Fearless Forecaster. Once again I will gaze (not Adam Gase who, by the way, I predict will be back next year as the Jets head coach) into my crystal ball and predict what employment laws companies […]

The Tight Job Market Should Cause All Employers To Review Their Personnel Policies And Agreements

January 9, 2020

With the economy remaining strong, and qualified employees being in demand, employers must act, if they haven’t already, to protect their trade secrets and their other confidential information, including customer lists and other key documents. This should include having employees sign confidentiality, non-compete and non-solicitation agreements. It is often too late to deal with these […]

New Jersey Bans Discrimination Based on Hairstyles Associated with Race

December 27, 2019

The New Jersey Legislature recently continued its efforts to remain one of the leading states in the Country in protecting employee rights. On December 19, 2019, Governor Phil Murphy signed a law banning discrimination based on hairstyles associated with race. The law, entitled “Create a Respectful and Open Workplace for Natural Hair Act,” or the […]

Supreme Court to Decide LGBTQ Rights

November 13, 2019

On October 8, 2019, the United States Supreme Court heard arguments concerning whether Title VII of the Civil Rights Act, which includes, among other things, discrimination based upon sex, also covers discrimination based on gender identity and sexual orientation. These cases raise the most important issues for the LGBTQ community since the Supreme Court legalized […]

Employers Need To Protect Themselves From Expected Next Wave Of Employment Claims

September 30, 2019

While not a new issue, the next wave of employment claims will likely be led by state and federal departments of labor pursuing claims against employers for misclassifying as independent contractors workers who meet the test for being employees. By classifying employees as independent contractors employers are able to avoid paying various benefits to these […]

Employers Face Exposure Under New FLSA Overtime Rule

September 26, 2019

This past Tuesday, the U.S. Department of Labor (“DOL”) issued its final rule updating the commonly referred to “white collar” exemptions to the Fair Labor Standard Act’s (“FLSA”) overtime requirements. These updates include a long-anticipated second attempt at raising the “standard salary level” threshold for the exemptions. A similar increase was published in 2016, however, it […]

The FAIR Act

September 24, 2019

Last Friday, new legislation known as the Forced Arbitration Injustice Repeal Act (the FAIR Act), HR 1423, was passed in the US House of Representatives. There is also a companion Senate bill, S. 610. The new legislation is aimed at giving consumers, employees, patients and those whose civil rights allegedly were violated the right to […]

New Jersey Strives to Become a National Leader in Advancing Employment Rights

August 27, 2019

This summer has been a very active regulatory period for employers in New Jersey. On July 1, 2019, the minimum wage was increased by $.50. Beginning with January 1, 2020, the minimum wage will increase each January 1st by $1.00 per hour until reaching $15.00 per hour in 2024. After 2024, the wage rate will […]

New Jersey Bill A1094 Limits What Employers Can Ask Job Applicants About Past Wage Or Salary

August 9, 2019

On July 25th, New Jersey Bill A1094 was signed into law and will be effective on January 1, 2020. The new law prohibits employers from asking job applicants about past wages or salaries or to screen applicants based upon wage or salary history unless such information is voluntarily offered by the applicant. The law is […]

NJ Supreme Court Set to Tackle Arbitration Agreements in the Digital Age

August 1, 2019

The New Jersey Supreme Court recently granted certification in Skuse v. Pfizer, Inc., 457 N.J. Super. 539 (App. Div. 2019), an Appellate Division case that addresses the appropriate manner in which employers should seek an employee’s agreement to arbitrate, when consent is sought through electronic means, such as online modules. The Court’s view on this […]

More On Equal Pay

July 30, 2019

We recently blogged about changes in the law concerning equal pay for women. See, U.S. Soccer Team Sues for Equal Pay, March 11, 2019. This included advice concerning steps to take by employers to ensure compliance with the law. See, The Importance of Engaging in a Pay Equity Study, February 4, 2019. Last Wednesday, four […]

The Reports of Arbitration Agreements' Death Have Been Greatly Exaggerated

July 29, 2019

Mark Twain, upon learning his obituary was mistakenly published, wrote that the reports of his death are greatly exaggerated. The same can be said about arbitration agreements. In 2018, New York passed a statute to deal with the “scourge of sexual harassment.” Codified as CPLR Sec. 7515, the law prohibits contracts that require “the parties […]

New York's Employment Arbitration Ban is Pre-empted by Federal Law. Why New York Employers Need an "Undo" Button.

July 12, 2019

On June 26, 2019, United States District Court Judge Denise Cote, Southern District of New York, held in Latif v. Morgan Stanley & Co., LLC, et al., No. 1:18-cv-11528 (S.D.N.Y. June 26, 2019), that New York’s ban on mandatory arbitration agreements of employment-related sexual harassment claims is preempted by the Federal Arbitration Act (“FAA”) As […]

New York's New Paid Time Off to Vote Election Law

June 17, 2019

Remember the long lines at polling sites last midterm? New York State has mitigated one obstacle to exercising the right to vote – unavoidably impacting employers. On April 1, 2019, New York amended Election Law §3-110, effective immediately, and now requires employers to permit employees to “take off so much working time as will enable […]

May New York Employers Require Job Applicants to Submit to Marijuana Testing?

May 23, 2019

The answer in New York City is, in most instances, “NO,” and that’s new. Recently, NYC banned pre-employment marijuana and THC testing. On May 10, 2019, New York City enacted Int. 1445-A, which makes it unlawful for employers, labor organizations, employment agencies (and their agents) to require a prospective employee to submit to testing for […]

Will You Still Need Me When I'm Sixty-Five?

May 20, 2019

Over fifty years ago on their Sgt. Pepper album the Beatles sang about turning sixty-four. But executives should be asking companies: “[w]ill you still need me, will you still feed me when I’m sixty-[five]?” You may be aware that there are no age parameters under the New Jersey Law Against Discrimination. See N.J.S.A. 10:5-1 et seq. (“NJLAD”). You […]

Lights Out: Class Arbitrations Prohibited by Ambiguous Arbitration Agreements

April 25, 2019

On April 24, 2019, the United States Supreme Court decided Lamps Plus, Inc. v. Varela, No. 17-988, in which it held (by a 5-4 vote) that, under the Federal Arbitration Act (FAA), parties have not agreed to class arbitration where the arbitration clause at issue is ambiguous about the availability of such arbitration. There, a […]

Groundbreaking Employment Legislation in New Jersey Precludes Arbitration and Confidentiality

March 26, 2019

On March 18, 2019 groundbreaking employment legislation was enacted in New Jersey. While it is only a few paragraphs long, it makes three significant changes to the employment law landscape in the Garden State. First, Senate Bill No. 121 bars provisions in an employment agreement that waive any substantive or procedural right or remedy relating […]

1099 vs. W2

March 25, 2019

The New Jersey Department of Labor and the New Jersey Division of Consumer Affairs have reminded employers that under N.J.S.A. 43:21-1 et seq., the New Jersey Unemployment Compensation Law (NJUCL), if a service is performed for remuneration or under any contract of hire, written or oral, express or implied, it is considered to be covered […]

New York City's New Lactation Law Took Effect March 17, 2019

March 25, 2019

Effective March 17, 2019, employers with four or more employees in New York City must provide employees with break time and a private place to express milk. Like with other protected classes, employers can refuse to make these accommodations if they impose an undue hardship. Under New York City law, employers must notify employees about […]

U.S. Women's Soccer Team Sues for Equal Pay

March 11, 2019

We have written a number of times in this blog about recent changes in New Jersey to the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. (“NJLAD”) relating to equal pay. See our blog from November 21, 2018 concerning the passage of the Diane B. Allen Equal Pay Act amending the NJLAD. See also our […]

USDOL Issues Notice Of Proposed Rulemaking Concerning Changes to the Overtime Law

March 11, 2019

The federal Fair Labor Standards Act (“FLSA”) requires employers to pay at least minimum wage for all hours worked and overtime at one and one-half times employees’ regular hourly rates of pay for all hours over forty (40) in a workweek. However, Section 13(a)(1) of the FLSA provides an exemption from both the minimum wage […]

Two Year Statute of Limitations on NJLAD Claims Run From First Day After Plaintiff Comes Off Payroll

February 12, 2019

In a recent unreported decision of the New Jersey Appellate Division, the Court reaffirmed that the two year statute of limitations for claims under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. (“NJLAD”), begins to run from the first day after a plaintiff comes off payroll. In Turner-Barnes v. Camden County College, N.J. […]

The Importance of Engaging in a Pay Equity Study

February 4, 2019

Background on the Need for a Pay Equity Study The recent passage of the Diane B. Allen Equal Pay Act (the “Act”) amended the New Jersey Law Against Discrimination (“LAD”) to strengthen protections against employment discrimination and to promote equal pay for women and employees in other protected categories. The Act became effective on July […]

The Gender Expression Non-Discrimination Act

January 16, 2019

After a sixteen year battle, New York state legislators passed a bill this week to specifically outlaw gender identity and gender expression discrimination. The Gender Expression Non-Discrimination Act ("GENDA") adds gender identity and expression as protected classes in employment, housing and public accommodations. Governor Andrew Cuomo has indicated he will sign the bill into law.

GENDA will give those working in New York State similar protection to that already provided in New York City by adding these protected categories to New York State's anti-discrimination laws. Should you have any questions concerning this, or any other labor or employment topic, contact Steven Adler.

Tis the Season to be Careful, Fa-la-la-la-la, la-la-la-la

December 7, 2018

Company holiday parties are often great for camaraderie and employee morale but are fraught with danger, whether it be harassment, religious discrimination or drinking and driving. We don’t want to be accused of being the Grinch that stole Christmas. We are all in favor of holiday parties, so long as they are done right. Here […]

NJ Department of Labor Publishes FAQs to Clarify Paid Sick Leave Law

November 29, 2018

The New Jersey Department of Labor and Workforce Development ("DOL") has published a list of Frequently Asked Questions ("FAQs") intended to address various unanswered (and unclear) questions regarding the new Sick Leave Law. The FAQs are available at: https://nj.gov/labor/forms_pdfs/lwdhome/Legal/earnedsickleave.pdf The DOL’s mandatory workplace poster is available at: https://nj.gov/labor/forms_pdfs/mw565sickleaveposter.pdf Naturally, if you have any questions regarding […]

Employment Law Intersects with Commercial Litigation

November 27, 2018

The Labor and Employment Law Group at Mandelbaum Barrett PC, PC prides itself on being able to handle difficult employment litigation cases that also involve commercial disputes. These days, more and more cases straddle employment and other areas of the law. One such case, Metro Commercial Management Services, Inc. v. Istendal, was just decided by […]

The Holiday Season and Accommodating Religious Beliefs

November 27, 2018

As we are now in the middle of the holiday season, it is worth noting a recent, interesting decision concerning an employer’s obligation to accommodate an employee’s religious beliefs. In Miller v. The Port of Authority, 15-cv-6370 (KM)(MAH), the District Court rejected a worker’s suit that the Port Authority of New York and New Jersey […]

Equal Pay Act Compliance

November 21, 2018

Without question, the most aggressive and wide-ranging Equal Pay Act in the country was enacted this past year by the New Jersey Legislature. It is wide-ranging because it applies not only to pay disparity based on sex, but also based on an employee’s race, age, religion, disability, or any other classification of employees who are […]

Time To Review Your Company's Personnel Policy

November 14, 2018

As the weather gets colder and the days shorter, the end of the year can’t be too far away. Now is a good time to start reviewing your Company’s personnel policies so that your house can be in order to start the new year. Here are a few questions for your HR team to answer […]

The Uniformed Services Employment and Reemployment Rights Act

November 13, 2018

We hope you enjoyed Veterans Day yesterday but we should honor our military every day throughout the year. In that regard, we want to remind employers of their legal obligations to those in the military, including those in active or reserve military status. The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) was signed into […]

NJ Paid Sick Leave Policy

October 9, 2018

Every employer in New Jersey, regardless of size, needs a written Paid Sick Leave policy in place and distributed to employees no later than October 29, 2018. Please contact us if you need assistance drafting this policy or updating your other personnel policies. Whether as stand-alone policies or those accumulated in an employee manual, the […]

Diane B. Allen Equal Pay Act: A Compliance Nightmare

October 8, 2018

The Diane B. Allen Equal Pay Act (“the Act”) is unique from other employment anti-discrimination laws in New Jersey which creates a compliance nightmare for employers. It is important to understand the four main differences of the Act and the challenges they bring. First, the Act is not an equal pay for equal work law. […]

New York's #MeToo Moment

September 5, 2018

In what may seem to some a matter of political expediency, and to others a long-overdue effort to eradicate workplace sexual harassment, New York Governor Andrew Cuomo and New York Mayor Bill de Blasio appear to be competing for the “#MeToo Movement Championship.” Whatever their motivations, they have signed into law sweeping legislation that affects […]

Secretly Recording Work Chats: Not Cut and Dried

August 31, 2018

Billy Joel wrote in his song “Shades of Grey” that what was “perfectly clear with the vision of youth” is not quite so clear anymore. “Black and white is how it should be, but shades of grey are the colors I see.” This holds true with regard to secretly tape recording at work, too. In […]

The Times They Are a-Changin' for NJ Employers

August 8, 2018

Gather round employers, there’s a battle outside and it’s ragin’. The new employment laws will soon shake your windows and rattle your walls, for the times in New Jersey they are a-changin’. Nobel laureate Bob Dylan was writing about different times, but his song “The Times They Are a-Changin’” surely applies to the state of […]

Class Action Liability Risks for Violations of ADA and New York Human Rights Laws

July 6, 2018

In January 2018, the federal government conformed its website accessibility requirements to the Web Content Accessibility Guidelines (WCAG), an international set of standards intended to make web content more accessible to users with perceptual or physical challenges. The WCAG addresses low vision, color perception, cognition, manual dexterity, screen reading technology, and other issues related to […]

New Jersey Sick Leave Law

June 13, 2018

New Jersey’s Sick Leave Law (the “Law”) takes effect on October 29, 2018. It establishes a uniform, state-wide law that pre-empts all municipal sick leave laws and prohibits the passage of similar, local laws.   Who is Covered? The Law applies to all NJ employees (full and part-time) and any business with NJ-based employees (regardless […]

Supreme Court Curtails Employees' Right To File Class Actions

May 29, 2018

On May 21, 2018 the United States Supreme Court delivered another blow to employee rights. In Epic Systems v. Lewis, the Court issued a monumental decision protecting employers from class action lawsuits. In Epic Systems, the Court upheld the right of employers, as a condition of employment, to require employees to arbitrate claims individually on […]

It Is Time To Take Your Company's Temperature Concerning HR Compliance

May 29, 2018

How healthy is your Company? Does it comply with all of its obligations under ever-expanding employment laws? Considering all of the recent developments in New Jersey and New York employment law, now is an appropriate time to take your Company’s temperature. If your Company has an employee manual, now is the time to update it […]

Notorious R.B.G. and Gender Equality

May 26, 2018

Today we are not blogging about a recent development in employment law.  Instead, we wish to call attention to an entertaining source to help non-lawyers understand how we arrived at the current state of the law concerning gender equality. A must-see movie, regardless of your political persuasion, is the documentary R.B.G. which premiered at the […]

NYC's Earned Safe and Sick Time Act Takes Effect

May 16, 2018

On May 5, 2018, NYC’s Earned Safe and Sick Time Act (the “ESSTA”) went into effect. It amends NYC’s Earned Sick Time Act by (a) permitting an employee to use accrued “sick leave” for “safe leave” and (b) expanding the definition of “family member.”  Employers are required to provide notice to employees by June 4, 2018. […]

New York's Six New Sexual Harassment Prevention Laws

May 9, 2018

On April 12, 2018, Governor Cuomo signed New York's latest budget that includes six laws reflecting the concerns of the Metoo# movement that employers need to know

Executive Order to Review Worker Misclassification in NJ

May 7, 2018

On May 3rd Governor Phil Murphy continued his efforts to protect workers in New Jersey by signing an Executive Order establishing a Task Force on Employee Misclassification. The Executive Order estimates…

Governor Phil Murphy's first act as governor was to sign an executive order promoting equal pay for equal work by prohibiting state agencies from asking job applicants about their salary history

April 23, 2018

The Governor is now about to sign legislation amending the New Jersey Law Against Discrimination ("NJLAD") that will ban employers from paying women and other employees in a protected categor…

Confidential Sexual Harassment Settlements No Longer Tax Deductible

April 22, 2018

The recently enacted Tax Cuts and Jobs Act (the "Act") has had a tremendous impact on the settlement of sexual harassment cases. Section 13307 of the Act…

Stormy Daniels' gag order explained. Is it fair?

March 21, 2018

The Me Too and Time’s Up movements rekindled the nation’s collective awareness concerning sexual harassment and abuse which had all but disappeared since the Clarence Thomas Supreme Court confirmation hearings in 1991. What contributed to this lack of discourse concerning the prevalence of sexual harassment in our society over the past 25 years? The use […]

Effective HR Management Documentation for Dental Practices

January 23, 2024

Course Description: In this informative presentation, Dennis Alessi and Brent Pohlman, Partners at Mandelbaum Barrett PC, will provide valuable insights into creating and implementing effective policies and procedures. Discover how a well-crafted policy manual serves as a shield, providing a strong defense against potential legal issues. Explore strategies to proactively address claims related to discrimination, […]

Mandelbaum Barrett PC named to 2024 Best Law Firms

November 9, 2023

Mandelbaum Barrett PC is thrilled to announce that once again we have been recognized by Best Lawyers on their “2024 Best Law Firms®” list! This recognition highlights the ongoing excellence of our dedicated team of attorneys, underscoring our unwavering commitment to providing top-notch legal services and ensuring client satisfaction. We take pride in the fact that 16 of our practice […]

Tenafly Litigator Steven Adler Obtains Nearly $6 Million in Settlements for Victims of Workplace Sexual Assault

April 29, 2021

Steven Adler has obtained nearly $6 million dollars in settlements for victims of workplace sexual assault over the past year. The settlements were achieved after new laws were passed in New York and New Jersey, extending the statute of limitations for filing a sexual assault claim against employers.

Recent Labor and Employment Law Wins

March 5, 2018

The Firm's Labor and Employment Law Department has been active in 2018 with two major wins in the first quarter of the New Year.

Members Steven I. Adler and Lauren X. Topelsohn Victorious in Five Related Lawsuits Confirming a $4 million Arbitration Award

June 30, 2016

Members Steven I. Adler and Lauren X. Topelsohn victorious in five related lawsuits confirming a $4 million Arbitration Award on behalf of client Asta Funding, Inc. On June 30, 2016, the District Court in Newark in a forty-page decision affirmed a $4 million arbitration award