Louis L. Chodoff

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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 a state regulation that required agricultural employers to allow union organizers on to their property for up to three hours per day, 120 days per year. … Continue Reading

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 the fact that many workers and others who visit their businesses are not fully vaccinated.… Continue Reading

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 as supporting factors for easing the restrictions, underscoring that the partnership with neighboring states and steps taken by New Jersey are the results of data-driven decision-making. … Continue Reading

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.… Continue Reading

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 Employment Opportunity Commission in December.… Continue Reading

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 sets the stage for the Biden Administration to put its own presumably employee-friendly stamp on regulations concerning tipped workers’ wages and the practice of tip pooling in the near future.… Continue Reading

On March 10, 2021, less than three weeks after New Jersey Governor Phil Murphy signed legislation legalizing recreational marijuana and establishing employee protections for off duty marijuana use, a State lawmaker has introduced a bill (NJ S 3525) to amend the employment related provisions of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“NJCREAMMA”) to address concerns that employers will not be able to control marijuana use, or the effects of marijuana use, in the workplace for safety sensitive positions.  … Continue Reading

In November, New Jersey voters said “yes” to the legalization of recreational marijuana.  On February 22, 2021, Governor Phil Murphy signed legislation that legalized and decriminalized recreational marijuana and established a system for a recreational marijuana industry in New Jersey.

Importantly, the new legislation addresses many issues of significance affecting the employer-employee relationship. … Continue Reading

The Occupational Health and Safety Administration (“OSHA”) will now investigate workers’ complaints of retaliation for reporting antitrust and money laundering-related violations under new whistleblower statutes.

On February 19, 2021, the Department of Labor announced that OSHA would oversee whistleblower claims alleging retaliation under two laws – the Criminal Antitrust Anti-Retaliation Act and the Anti-Money Laundering Act.… Continue Reading