Labor and Employment
Our employment law attorneys provide pragmatic advice to a wide range of small and closely-held businesses, as well as major financial institutions and Fortune 100 companies.
We provide employment and HR counseling for forward-thinking businesses, and help them effectively manage disputes and litigation that may arise. Over the years, our attorneys have provided pragmatic advice to a wide range of closely-held businesses, as well as major financial institutions and Fortune 100 companies such as Berkshire Hathaway, Rolls-Royce and Bentley Motorcars, Volkswagen Group of America, Aon, Audi, Tumi, Valley National Bank, Asta Funding and Automobili Lamborghini.
We take a highly proactive approach to counseling employers, helping them manage their workforce, develop their HR policies, anticipate areas of concern, and avoid the issues that frequently arise in the employer-employee relationship. In fact, to obtain the most defensible position against litigation, many of our clients seek our advice before their HR decisions are made, and regularly look to us to train their managers and employees on issues such as harassment, diversity and workplace discrimination, performance management, and wage and hour compliance.
Regardless of preventive measures taken, it is not uncommon for employers to be sued. When that does happen, we strive to minimize the dispute’s impact on the business and resolve it expeditiously, often through the use of an early case assessment which covers the merits of case, potential damages, insurance coverage issues and a litigation strategy should the case proceed.
If a case cannot be ended or settled favorably, we have the depth, experience and subject matter expertise to aggressively defend our clients. Not only have we successfully litigated thousands of state and federal trials and appeals, we also represent employers in arbitration forums, and before the United States Department of Labor and State Departments of Labor, the EEOC, the New Jersey Division on Civil Rights, the New York Human Rights Commission and other agencies.
A good number of these cases have resulted in groundbreaking decisions locally and nationally and have involved class and collective actions, and other complex employment litigation involving matters such as age, disability, race and sex discrimination, harassment, wrongful termination, whistleblower liability, restrictive covenants, misappropriation of trade secrets, wage and hour claims and withdrawal liability.
Our attorneys can help you design, create and implement executive compensation and employee benefit programs that are tailor-made for your business or non-profit. We can also ensure you maintain compliance with the laws and regulations governing employee benefits, including ERISA, federal tax and securities laws, COBRA, HIPAA, ADA, ADEA, FMLA, Sarbanes-Oxley and the WARN Act. In addition, we advise clients on the compensation and benefits issues that arise in business restructurings, bankruptcies and separation negotiations, as well as those that arise in the purchase and sale of businesses, and other M&A transactions.
Executive Compensation and Employee Benefits Areas of Focus:
- 401(k) plans
- Pension and profit sharing plans
- 457 and 403 (b) plans
- Deferred compensation arrangements
- Non-qualified deferred compensation plans
- IRS Section 162(m) performance based compensation plans
- Employee Stock Ownership Programs (ESOPs)
- Long-term incentive plans
- Resolving IRS, PBGC, and state audits and DOL investigations
- Fiduciary counseling and litigation
- IRS Section 409A compliance
- Separation agreements
In the area of traditional labor law, our attorneys represent employers in union organizing campaigns, collective bargaining, arbitration, and strike and picket line issues, including federal and state court actions for injunctive relief, defense of unfair labor practice charges and investigations, as well as all forms of NLRB proceedings.
Arla Cahill, Esq. and Brent Pohlman, Esq. to present at the ACCSES NJ STAR Conference
September 12, 2022
Mandelbaum Barrett Special Needs Partner Arla D. Cahill, Esq. and Employment Law Partner Brent Pohlman, Esq. will be presenting at the upcoming ACCSES New Jersey Star Conference on September 21st, 2022. They will be giving a “Disability Law Primer” as an introduction to relevant state and federal laws pertinent to service providers of individuals with disabilities, including the Americans […]
Steven Adler, Esq. authors article for New Jersey Law Journal titled “Employers’ Entitlement to Legal Fees: Is It Time to Tilt Back the NJLAD Playing Field?”
August 19, 2022
“Fee-shifting incentivizes plaintiffs’ employment lawyers to accept specious cases, knowing that most employers settle because they cannot afford both defense costs and the risk of having to pay plaintiffs’ legal fees. How can this problem caused by fee-shifting be ameliorated?” Mandelbaum Barrett Labor and Employment Co-Chair Steven Adler, Esq. authored an article in the August 18th […]
Steven Adler and Brian Block co-author article for New Jersey Law Journal titled "How Not to Handle the Trial of an Employment Case"
March 14, 2022
Mandelbaum Barrett Partners Steven Adler and Brian Block have co-authored an article in the March 9, 2022 issue of the New Jersey Law Journal titled "How Not to Handle the Trial of an Employment Case"– A hypothetical case provides a crash course on employment litigation, including the after-acquired evidence doctrine, the cat's paw doctrine, stray remarks and the same actor inference.
Gary Young, Esq. and Brent Pohlman, Esq. to present webinar for NJ Restaurant & Hospitality Association
February 1, 2022
Mandelbaum Barrett Employment Law partners Gary Young, Esq. and Brent Pohlman, Esq. will be presenting a Wage and Hour Law Webinar for the NJ Restaurant & Hospitality Association (NJRHA) on February 16th at 9am ET. Topics will include determining employment status, wage theft and tip pooling.
Brian Block authors article for The New Jersey Law Journal titled "When Enforcing Restrictive Covenants, Timing is Everything"
January 21, 2022
Mandelbaum Barrett Litigation and Employment Law partner, Brian Block, Esq. has authored an article in the January 21, 2022 issue of the New Jersey Law Journal titled "When Enforcing Restrictive Covenants, Timing is Everything." In this analysis, Brian details a New Jersey case as an example to answer the question, "What point in time should a court focus on when assessing whether an employer has legitmate interests to protect?"
Joseph Peters Named to America's Top 100 Personal Injury Attorneys®
May 4, 2021
America's Top 100 Personal Injury Attorneys® once again named Mandelbaum Barrett partner Joseph J. Peters to its list of the top attorneys in New Jersey.
Mandelbaum Barrett Achieves $1.9 Million Settlement in National Overtime Class Action Against Major Telecommunications Company
October 26, 2020
Mandelbaum Barrett, PC announces that, after six years of litigation in the United States District Court for the Southern District of New York, it settled a nationwide overtime collective and a New York Rule 23 class action brought against a major telecommunications company.
Joseph Peters Named to America's Top 100 Personal Injury Attorneys in New Jersey
August 6, 2020
Joseph Peters, co-chair of the firm’s personal injury and workers’ compensation group, was named to America’s Top 100 Personal Injury Attorneys in New Jersey. According to America’s Top 100 LLC, less than one-half percent of active attorneys in the United States were named to this list, which is by invitation only, and is comprised of […]
Lauren Topelsohn Quoted in Article on "Stormy Waters Ahead for US Culture of Buying Silence"
June 5, 2020
Steven Adler Authors Op-Ed Piece for NJBIZ
January 20, 2020
Steven Adler, Co-Chair of our Labor and Employment Practice Group authored an op-ed piece for NJBIZ on the continuing challenges employers will face in 2020. Click here to read the full article.
Steven Adler Authored Article for New Jersey Law Journal on "Overriding Termination and Non-Renewal Provisions in Health Care Industry Employment"
December 27, 2019
Steven Adler, Co-Chair of the Litigation Department and Co-Chair of the Labor and Employment Department, authored an article for New Jersey Law Journal on "Overriding Termination and Non-Renewal Provisions in Health Care Industry Employment Contracts." To read the full article, click here.
Steven Adler Interviewed by Monster on the Common Misconceptions Surrounding Unemployment Benefits
December 4, 2019
Steven Adler Interviewed by Monster on the Common Misconceptions Surrounding Unemployment Benefits
Steven Adler Authors Op-Ed Piece for NJSpotlight on Anonymity for Plaintiffs in Sexual Harassment, Discrimination Lawsuits
October 16, 2019
Steven Adler, Co-Chair of the Firm's Labor and Employment Practice Group, authored an op-ed piece for NJSpotlight on "Anonymity for Plaintiffs in Sexual Harassment, Discrimination Lawsuits?" Click here to read more.
Steven Adler Recently Quoted in an Ivy Exec Article on Non-Competes, NDA's and Restrictive Covenants
September 3, 2019
Steven Adler, Co-Chair of Mandelbaum Barrett's Labor and Employment Practice Group was recently quoted in an Ivy Exec article on non-competes, NDA's and Restrictive Covenants and whether you should just sign on the dotted line or not. Steve talks about the current "sellers market" with high demand for talent and the leverage that may afford job seekers in negotiating the terms of their employment. Read what Steve and other experts have to say here.
Steven Adler Quoted in an Ivy Exec Article on Noncompetes
September 3, 2019
Steven Adler, Co-Chair of Mandelbaum Barrett's Labor and Employment Practice Group was recently quoted in an Ivy Exec article on noncompetes, NDAs and Restrictive Covenants and whether you should just sign on the dotted line or not. Steve talks about the current "sellers market" with high demand for talent and the leverage that may afford job seekers in negotiating the terms of their employment. Read what Steve and other experts have to say here.
Gary S. Young Will be Speaking at the World of the Latino Cuisine: Food Products and Beverage Trade Show
August 20, 2019
Gary S. Young, Member of the Firm's Employment and Labor Law Practice Group, will be speaking at the World of the Latino Cuisine: Food Products and Beverage Trade Show on September 25th at the Meadowlands Expo Center. Gary will be discussing the new laws on sexual harassment in the workplace and what you need to know in this changing environment. Since 1996, Gary has served as the General Counsel for the New Jersey Restaurant and Hospitality Association, and is often called upon to speak on behalf of issues affecting the entire restaurant industry in New Jersey and he is excited to share his knowledge of employment law with show attendees this year.
Steve Adler Authors Article for NJBIZ on Age Discrimination Laws
July 18, 2019
Steve Adler, Co-Chair of Mandelbaum Barrett's Labor and Employment Practice Group, authored an article for NJBIZ discussing how age discrimination laws provide some flexibility for companies to set long-term plans. Read more here: https://bit.ly/2LXNfWf
Gary Young Authors Op-Ed Piece for NJBIZ on Salary Scrutiny
June 19, 2019
Gary Young, a Member in Mandelbaum Barrett's Corporate and ERISA Practice Groups, explains how employers can ensure that their compensation practices comply with the state's equal pay law in his article featured in NJBIZ. Gary explains how the Diane B. Allen Equal Pay Act is significantly strengthening protections against employment discrimination by addressing equal pay for women and other protected categories.
David Carton and Raj Gadhok Named to New Jersey's Best Lawyers for Families List for 2019
April 9, 2019
New Jersey Family has released its highly-anticipated list of family lawyers parents recommend most. This year's list has 170 attorneys who practice throughout New Jersey. We are excited to share that David Carton and Raj Gadhok have been named to this list. According to New Jersey Family, every attorney on the list was nominated by a parent sharing a real-life experience. For the full list, click here.
Lauren X. Topelsohn Talks About the Minimum Wage Increase in NJ and the Impact on Seasonal Businesses
February 1, 2019
Lauren X. Topelsohn, a Member in the Firm's Employment Law Practice Group talks about the New Jersey minimum wage which is being increased and the impact on "seasonal businesses" like those at the Jersey Shore. Click here to read more.
Steven Adler Authored Article for New Jersey Law Journal on the MeToo Movement's Impact on Morals Clauses and the Right to Clawback Compensation
January 23, 2019
Co-Chair of Mandelbaum Barrett's Employment Practice Group, Steven Adler, published an article for the New Jersey Law Journal on the "MeToo Movement's Impact on Morals Clauses and the Right to Clawback Compensation." Click here to read more.
Dennis Alessi and Raj Gadhok to Present at the New York County Dental Society
October 29, 2018
Mandelbaum Barrett attorneys Dennis J. Alessi, Esq. and Raj Gadhok are teaming up with Cristina L. Amyot, MHRM, SHRM-SCP, SPHR of EnformHR, LLC to present a 3 -hour CE course to dentists at the New York County Dental Society's upcoming program on New York's new anti-harassment law. Click here to learn more or register.
Dennis Alessi Published an Article in Medical Economics on "Bringing Value-Based Compensation To Your Medical Practice"
October 9, 2018
Dennis J. Alessi, Esq., Member and Co-Chair of both the Healthcare Law and Labor and Employment Law Practice Groups, recently authored an article for Medical Economics on "Bringing value-based compensation to your medical practice." Click here to read the full article.
Steven Adler Authored Article For ROI-NJ Entitled "Secretly recording work chats: Not cut-and-dried"
September 4, 2018
Thinking of secretly taping someone at work? The legality of doing so may not be as cut and dry as you think. Steven Adler, Co-Chair of Mandelbaum Barrett's Employment Law Practice explains how times have changed following the #Metoo movement in regards to secretly recording work chats and cautions employers on updating their policies in their employee handbooks.
Dennis Alessi Comments on Recent Events at Jenkinson's Aquarium in the Asbury Park Press
August 14, 2018
Employment Law Co-Chair Dennis J. Alessi, Esq. comments in the Asbury Park Press today on the recent events at Jenkinson's Aquarium and cautions employers to properly train their staff before an incident, not wait until one occurs! If you have questions about employee training programs and ensuring you are in compliance with employment laws, please contact us and our Employment law team can help.
Steven Adler Authored Article for New Jersey Law Journal Entitled "The Times They Are a-Changin' for NJ Employers"
August 8, 2018
Steven Adler, Co-Chair of Mandelbaum Barrett's Labor and Employment Law Practice Group wrote an article for the New Jersey Law Journal which looks at the state of employment laws in New Jersey since Governor Murphy took office in January. Times certainly are a-changin'!
Steve Adler Interviewed by ROI-NJ on Gov. Murphy's Worker Protections
June 8, 2018
Steven Adler, Co-Chair of the Firm's Labor and Employment Practice Group, was interviewed by ROI-NJ on "Are Gov. Murphy's worker protections eliminating the need for unions?"
Steven Adler Authored Op-Ed Piece for ROI-NJ
May 16, 2018
Steven Adler Member and Co-Chair of the Firm's Labor and Employment Practice Group authored an op-ed piece for ROI-NJ entitled "The times they are a-changin' for N.J. employers." If you're an employer, this is a must read!
Steven Adler Quoted in NJBiz on Potential Cost of Salary Inequity
May 7, 2018
Labor and Employment Law Practice Group Co-Chair, Steven Adler, was quoted in NJBiz about the potential cost of salary inequity.
Steve Adler Quoted in Asbury's Park Press on NJ Equal Pay Act
April 25, 2018
Steven Adler, Member and Co-Chair of the Firm's Employment Law Practice Group was quoted in Asbury Park Press in an article about the NJ Equal Pay Act. See what Steve has to say here: https://www.app.com/…/nj-equal-pay-act-phil-murp…/545325002/
Steve Adler Quoted in ROI-NJ on Equal Pay Law
April 24, 2018
Steven Adler, Member and Co-Chair of the Firm's Labor & Employment Law Practice Group is quoted in today's ROI-NJ article about Governor Murphy signing the Equal Pay Law which seeks to close the wage gap.
Dennis Alessi Interviewed on NJ 101.5 Employment Law Segment on "Working From Home"
March 22, 2018
Dennis J. Alessi, Member and Co-Chair of the Firm's Labor & Employment Law Practice Group was interviewed on Nj 101.5 for a segment on issues arising when employees "work from home"
Steven Adler Authors Star Ledger Piece on Nondisclosure Agreements in Light of Latest Stormy Daniels News
March 21, 2018
Mandelbaum Barrett's Labor and Employment Law Co-Chair Steven Adler explains #nondisclosureagreements in this op-ed piece for NJ.com and the Star Ledger. #StormyDaniels #Employmentlaw
Join Us for our 2018's Hot Topics: Employment Law Issues for the New Year on March 16, 2018
January 24, 2018
Trying to keep up with this year's hot button issues in the news from sexual harassment to disparate pay can be dizzying! Our panel of attorneys will explain what you must know to protect yourself and your business in today's climate.
Steven Adler Interviewed by WBGO on "How to Protect Against Sexual Harassment in the Workplace"
December 18, 2017
Steven Adler, Co-Chair of the Firm's Labor & Employment Law Practice was interviewed last week on WBGO on "How to Protect Against Sexual Harassment in the Workplace."
Lauren X. Topelsohn Authors Article for CNBC on Holiday Party Dos and Don'ts
December 12, 2017
Lauren X. Topelsohn has authored an article for CNBC on the Do's and Dont's for Holiday Parties this season to avoid sexual harassment law suits.
Steven Adler Authors Article for ROI-NJ on "Sexual Harassment and How Employers Can Protect Themselves
December 6, 2017
Steven Adler, Co-Chair of the Firm's Labor and Employment Practice Group authored an article for ROI-NJ on Sexual Harassment and how employers can protect themselves. In the wake of news of Matt Lauer, Steve advises on the types of sexual harassment and ways employers can take actions to prevent it from occurring in their office.
Steven Adler Quoted in The Economist Executive Education Navigator on Workplace Sexual Harassment and the Culture of Silence
December 6, 2017
Steven Adler was also recently quoted in an article appearing in The Economist Executive Education Navigator on "Workplace Sexual Harassment and the Culture of Silence." To read what Steve has to say about the use of confidentiality and non-disparagement clauses and his warning to companies click
Steven Adler & Lauren Topelsohn Author Article on Confidentiality and Non Disclosure Agreements for New Jersey Law Journal
November 13, 2017
Co-Chair of the Firm's Labor & Employment Law Practice Group Steven Adler and Member Lauren X. Topelsohn authored an article for the New Jersey Law Journal on "Confidentiality and Nondisclosure Provisions in Employment Settlement Agreements Now Coming Under Fire."
Steven Adler Speaks on Law Firm Harassment on Rocket Matter's Two-Part Podcast
November 6, 2017
Steven Adler, Co-Chair of the Firm's Labor & Employment Law Practice Group was recently interviewed as part of a Rocketmatter.com podcast on sexual harassment in law firms.
Steven Adler Authors Article for NJBiz on "The Use of Confidentiality and Non-Disclosure Provisions in Employment Contracts"
October 25, 2017
Steven I. Adler, Co-Chair of the Firm's Labor and Employment Law Practice Group published an article in the October 25, 2017 NJBiz regarding the Use of Confidentiality and Non-Disclosure Provisions in Employment Contracts. This article discusses a topic which has a renewed interest in light of the adverse publicity surrounding the likes of Harvey Weinstein, Bill O'Reilly and Roger Ailes.
Dennis Alessi Interviewed in New Jersey Business September 2017 Issue on "Handling Business Closings and Layoffs"
September 12, 2017
Dennis J. Alessi, Esq., Member and Co-Chair of the Firm's Employment Law and Healthcare Law Practice Groups was recently interviewed by New Jersey Monthly Magazine for their September 2017 issue on "Handling Business Closings and Layoffs." Read what Dennis had to say on the topic here: https://lnkd.in/gnDE4Gf
Lauren X. Toplesohn Featured in NJBiz Triple Play About Protecting Company Information
February 27, 2017
Lauren X. Toplesohn, a Member in the Firm's Employment & Labor and Cybersecurity Practice Groups recently authored an NJ Biz Triple Play feature that discussed ways to help employers protect their company information. The article, which ran on February 26 and 27th in NJ Biz, can
Employment Department Members Lauren X. Topelsohn and Steve I. Adler’s Article, “A Survival Guide to the Office Holiday Party” published in New Jersey Business Magazine
January 4, 2017
An informative and amusing guide for employers by members Lauren X. Topelsohn and Steve I Adler as published in New Jersey Business Magazine available here: https://njbmagazine.com/njb-news-now/survival-guide-office-holiday-party
Member Steven Adler Authors Op/Ed Piece in 2.15.2016 New Jersey Law Journal
February 15, 2016
BE PROACTIVE IN 2016 OR REACT AT YOUR CLIENTS' PERIL* Lawyers typically don't act until faced with a problem. All too often we react as the result of our clients not contacting us until an issue arises. Having served as both acting and quasi general counsel
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 […]
David Slays Goliath In The Battle Between Healthcare Providers And UnitedHealthcare
March 30, 2020
In a tremendous win on behalf of our client, Alexander Salerno, M.D., on March 24, 2020, we received a final Award in Dr. Salerno's David versus Goliath fight with UnitedHealthcare ("UHC"). "Not only did we win the battles, we won the war against the world's largest health insurance company" said Dr. Salerno. As explained below, that victory was not just for Dr. Salerno but for all of the healthcare providers we represent.
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 […]
COVID-19: Is Your Company an Essential Service Provider?
March 23, 2020
March 23, 2020 By Peter A. Levy Over the past few days, many of our clients have reached out for help understanding the term "essential service." Despite Executive Orders provided by Governors Murphy and Cuomo in New Jersey and New York respectively, swaths of businesses remain confused because they don’t clearly fit into one of […]
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 […]
COVID-19 Employment Issues with Emergency Closures
March 20, 2020
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.
What's An Employer To Do During COVID-19?
March 15, 2020
Today’s Veterinary Business March 2020 By Peter H. Tanella Today’s Veterinary Business “Legal Lingo” columnist Peter H. Tanella, Esq., and his law firm, Mandelbaum Barrett, are working with veterinary practice owners and managers faced with employment issues during the COVID-19 pandemic. Tanella chairs the firm’s National Veterinary Law Center. What follows is a series of […]
Workplace Morals Clauses Take Hold Beyond Show Biz in #MeToo Era
March 12, 2020
Steven Adler, Co-Chair of Mandelbaum Barrett's Labor and Employment Practice Group was quoted in a recent Bloomberg Law article titled "Workplace Morals Clauses Take Hold Beyond Show Biz in #MeToo Era."
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 […]
Can Employers Still Afford to do Business in NJ?
October 23, 2019
Join our Employment & Labor Practice Group as they discuss the many changes in employment law that have been affecting businesses in New Jersey over the last year. Learn more here.
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 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 […]
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 […]