The U.S. Department of Labor (“DOL”) published a Final Rule on Monday November 22, 2021 raising the minimum wage for federal contractor employees to $15 an hour. The Rule takes effect on January 30, 2022 and will apply to new or updated contracts with the U.S. Government. The higher wage will apply to existing contracts
Louis L. Chodoff
NEW JERSEY LAW AGAINST DISCRIMINATION AMENDED TO PROTECT EMPLOYEES 70 OR OLDER
On Tuesday, October 5, 2021, Governor Phil Murphy signed legislation expanding state law protection against age discrimination for those employees who are 70 years of age or older. The legislation amends the New Jersey Law Against Discrimination (“NJLAD”) in a several important ways. First, the amendments remove language from the NJLAD that previously permitted employers…
Federal Court in PA Weighs in on COVID-19 Disability Question
Last week, the Eastern District of Pennsylvania ruled that an employee whose employment was terminated on the same day she disclosed to her employer that she had tested positive for COVID-19 sufficiently pled a claim of “regarded as” disability discrimination under the Americans with Disabilities Act (“ADA”) and the Pennsylvania Human Relations Act (“PHRA”). In…
Scabby the Rat Lives and Joins Secondary Protests
On July 21, 2021, in a 3-1 decision, the National Labor Relations Board (“NLRB”) ruled that a union does not violate federal labor law with the display of the infamous “Scabby the Rat,” and other similar inflatable symbols, at workplaces that do not employ those union’s workers. Former NLRB General Counsel Peter Robb, a Trump…
SCOTUS Rules Against Unions On California Farm Access
The United States Supreme Court (“Supreme Court”) has dealt a blow to organized labor, striking down as unconstitutional a California law that permitted union organizers access to agricultural company land to speak with workers.
Two California growers, Cedar Point Nursery and Fowler Packing Company, filed suit in federal district court, seeking to enjoin enforcement of…
OSHA Endorses CDC Mask Guidance
On May 17, 2021, the Occupational Safety and Health Administration (OSHA) advised employers to follow the new CDC mask guidance for people fully vaccinated against COVID-19. Although this provides some guidance for employers, it is important that businesses continue to practice workplace safety protocols that reflect the unique characteristics of each workplace, and account for…
New Jersey Plans to Ease COVID-19 Restrictions, Along with New York and Connecticut
On May 3, 2021, Governor Murphy announced that New Jersey, along with New York and Connecticut, would lift many COVID-19 pandemic restrictions affecting the region’s businesses, venues, and gatherings over the course of the next several weeks. Governor Murphy cited the vaccination progress and the decline in the number of COVID-19 cases in the state…
New Jersey Supreme Court Upholds Workers’ Compensation Order Directing Reimbursement for Medical Marijuana Costs
On April 13, 2021, the New Jersey Supreme Court unanimously upheld an Appellate Division decision affirming a workers’ compensation order which directed M&K Construction to reimburse a former employee, Vincent Hager, for the ongoing costs of medical marijuana he was prescribed following a work-related accident which left him with chronic pain. On appeal, M&K contended…
NEW JERSEY ISSUES GUIDANCE ON EMPLOYER-MANDATED VACCINES
The New Jersey Department of Health and the Department of Law and Public Safety (which oversees the New Jersey Division on Civil Rights) have issued guidance in the form of FAQs regarding the right of employers to mandate the COVID-19 vaccine under New Jersey law. The guidance generally tracks that published by the federal Equal…
Department of Labor Announces Proposed Rules to Reconsider Tipped-Worker Regulations
On Tuesday, the Department of Labor (DOL) announced that it had issued two Notices of Proposed Rulemaking (NPRM) concerning tipped workers’ compensation. If adopted, the NPRM would delay, for a second time, the effective date of several rules the agency published during the Trump Administration. Though for now the move is merely a delay, it…