In a unanimous decision, on May 15, 2024, the New Jersey Supreme Court held that the state’s amendments (Chapter 212) to the Wage Payment Law (WPL) and the Wage and Hour Law (WHL) apply prospectively, and therefore plaintiffs cannot rely on the amendments to recover for any conduct that took place before the amendment’s effective date on August 6, 2019.… Continue Reading
Elliot I. Griffin
Webinar Recording: End of Roe – What it Means for Employers and Employee Benefit Plans
Recently, Ballard Spahr attorneys spoke about the overturning of Roe v. Wade and the impact on employee benefit plans and other issues important to employers. The webinar addressed measures that employers can consider and implement in response to these developments and the legal and practical issues they present.
Below you’ll find a link to a recording of the webinar and presentation slides.… Continue Reading
DHS Extends I-9 Flexibility Due to COVID-19 … Yet Again
By Elliot I. Griffin & Brian D. Pedrow on
Posted in Immigration
On October 11, 2022, the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), citing continued safety precautions related to COVID-19, extended through July 2023 the flexibility rule for the Form I-9 Employment Eligibility Verification, which has been in place since March 2020.
Employers are required to inspect employees I-9 identify and corresponding eligibility documentation in-person for those employees who “who physically report to work at a company location on any regular, consistent, or predictable basis.” … Continue Reading
Federal Judge Says Judicial Approval for Individual FLSA Actions Increases Litigation Costs, Makes Settlement More Difficult and is Not Required
By Elliot I. Griffin & Shannon D. Farmer on
Plaintiffs in Alcantara v. Duran Landscaping alleged that their former employer violated the Fair Labor Standards Act (FLSA) and Pennsylvania Minimum Wage Act because it failed to pay overtime premiums. Less than a year after filing suit, the parties notified the court that they resolved the claims and requested a phone call with the court to seek approval of the agreed upon settlement without having to spend the money on a formal motion.… Continue Reading
Upcoming Webinar: The End of Roe – What it Means for Employers and Employee Benefit Plans
Posted in Employee Benefits, Leave
Tuesday, July 26, 2022, 12:00 – 1:30 PM ET
The recent Supreme Court decision overturning Roe v. Wade and state laws banning abortion in the wake of the decision have raised significant employee benefit and other issues for employers. This webinar will address measures that employers are considering and implementing in response to these developments, and the legal and practical issues they present.… Continue Reading
Department of Labor and National Labor Relations Board Announce Plan to Partner for Investigations and Information Sharing
By Elliot I. Griffin & Brian D. Pedrow on
The U.S. Department of Labor, Wage and Hour Division (DOL-WHD) and National Labor Relations Board (NLRB) announced plans to collaborate “to enhance and maximize the enforcement of the federal laws administered between the two agencies.” The DOL-WHD enforces the minimum wage and overtime requirements while the NLRB enforces the National Labor Relations Act (NLRA).… Continue Reading
Philadelphia Extends Vaccination Deadline for Healthcare and Higher Education Institutions
By Elliot I. Griffin & Shannon D. Farmer on
As we previously posted, the City of Philadelphia is mandating healthcare workers and those who work, volunteer, or attend classes at higher education institutions in the city receive the COVID-19 vaccine. The initial deadline for all covered individuals to be vaccinated or have a medical or religious exemption was October 15, 2021.… Continue Reading
New Jersey Health Care Workers Must be Vaccinated or Undergo Regular COVID-19 Testing
By Elliot I. Griffin & David S. Fryman on
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 facilities with unvaccinated employees must have a plan for regular testing. … Continue Reading
AFL-CIO Releases Annual Workplace Safety Report, Focused on COVID-19
By Ronald J. Stolkin & Elliot I. Griffin on
Recently, the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) released its 30th annual “Death on the Job: The Toll of Neglect” report. Every year, the report highlights the number of states and industries with the most workplace injuries. Though this year’s report focused on data from 2019, not surprisingly, it highlighted the response to COVID-19 in the workplace. … Continue Reading
Chamber of Commerce Questions the Criminality of Employee No-Poach Agreements
Posted in Non-Compete, Restrictive Covenants
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 the Division) released joint guidance signaling that agreements between competing employers that “limit or fix the terms of employment” for prospective employees may violate antitrust laws. … Continue Reading