Louis L. Chodoff

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On September 9, 2022, the New Jersey Cannabis Regulatory Commission (Commission) released interim Guidance (Guidance) on the workplace drug testing provisions of the state’s recreational marijuana law, known as the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (Act).  This is the Commission’s first workplace guidance since the adoption of the Act in…

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…

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…

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…

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…

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…

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…

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…