David S. Fryman

Earlier this week, New Jersey state senators tabled the vote on Bill S511, landmark legislation dubbed the NJ temporary worker “Bill of Rights.” Governor Phil Murphy conditionally vetoed the proposed legislation last month, and advocates expected the bill to pass following the state Assembly’s approval of Gov. Murphy’s revisions. But ultimately, state senators pulled

The United States Court of Appeals for the Seventh Circuit has rejected the Equal Employment Opportunity Commission’s appeal seeking to overturn the trial court’s decision that Walmart did not violate the Pregnancy Discrimination Act when it accommodated all workers injured on the job, but denied all pregnant women a similar accommodation. EEOC v. Wal-Mart Stores

On September 24, 2021, the White House issued Guidance explaining that Federal contractors and subcontractors with a covered contract or contract-like instrument must comply with the following workplace safety protocols:

  1. COVID-19 vaccination of covered contractor employees, except where an employee is legally entitled to an accommodation;
  2. Compliance with masking and physical distancing while in covered

Effective September 7, 2021, staff in New Jersey’s public and private health care facilities and congregate settings deemed “high risk” must receive the COVID-19 vaccine or, alternatively, be subject to COVID-19 testing one to two times per week.  A list of the type of impacted facilities is available here.

By September 7, health care

The latest episode of Business Better is a discussion of “no-poach” agreements – agreements between competitors that neither will hire the other’s employees. We’ll discuss the different types of such agreements, their enforceability under antitrust and other laws and the possibility of criminal prosecution arising from their use, and how to protect a business from

Whether employee no-poach agreements are illegal per se is being tested in a criminal case, U.S. v. Surgical Care Affiliates LLC et al., drawing the attention of many interested parties, including the United States Chamber of Commerce (Chamber).

In 2016, the Federal Trade Commission (FTC) and the Department of Justice, Antitrust Division (DOJ or

Labor and Employment partner David Fryman leads a conversation on employment restrictive covenants. Joining David are Juliana van Hoeven and Elliot Griffin, associates in the group. Together, David, Juli, and Elliot, review a number of important points regarding restrictive covenants: including the circumstances that make the use of restrictive covenants advisable or not, what’s required