The United States indicted DaVita, Inc., and Kent Thiry, DaVita’s former Chief Executive Officer, last year alleging that they had violated Section 1 of the Sherman Act by engaging in “Conspiracy in Restraint of Trade to Allocate Employees.” The essential elements of the criminal charges were alleged agreements with competitors not to poach each other’s
Tara L. Humma
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…
NLRB Will See a Shift in Majority After Senate Confirms Wilcox and Prouty to Board Seats
Yesterday, the United States Senate confirmed Gwynne Wilcox and David Prouty to seats on the National Labor Relations Board (Board). These confirmations seal the deal on a Democratic majority on the Board and undoubtedly will mean re-visiting much of the Board precedent established under the Trump-era Board (which, in turn, had overturned many of the …
COVID NEWS – DOJ Says Vaccine Mandates Not Prohibited by EUA Law and CDC Updates Mask Guidance for the Vaccinated
Below are a number of significant developments related to COVID-19 that impact businesses of all sizes, across industries:
DOJ Says Vaccine Mandates Not Prohibited by EUA
This week, the Department of Justice (DOJ), Office of Legal Counsel (OLC) released to the public, a memo dated July 6, 2021. The memo can be found here and…
EXPIRATION OF PHILADELPHIA’S PUBLIC HEALTH EMERGENCY LEAVE
On March 29, 2021, the City of Philadelphia enacted an ordinance providing for paid Public Health Emergency Leave (PHEL). Our blog post on the requirements of the leave can be found here. That leave requirement is now expired and employers no longer need to provide this leave.
The PHEL’s sunset provision tied its expiration…
Philadelphia Ordinance Requires Reporting of Changes to Federal Taxable Income
Philadelphia City Council enacted an ordinance, effective immediately, requiring all Philadelphia taxpayers to report any changes to their federal taxable income (as a result of a resolution of an audit, agreement with the IRS or court proceeding) to the Philadelphia Revenue Department (the Department). See our Tax colleagues’ more detailed alert on this ordinance here…
EEOC ANNOUNCES NEW DEADLINE FOR FILING 2019 AND 2020 EEO-1 EMPLOYER DATA
In May of 2020, we reported that the EEOC announced that it would delay collection of 2019 EEO-1 Component 1 data from employers due to the COVID-19 pandemic. The EEOC announced today that collection of 2019 and 2020 EEO-1 data is now open and the data must be submitted by July 19, 2021.
The filing…
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…
New Jersey Governor Expands Capacity Limits for Dining and Indoor Gathering
Governor Phil Murphy signed Executive Order 230 on Thursday, March 11, 2021, that expands capacity limits for a number of social and business activities and events, including indoor and outdoor gatherings, sports activities and indoor dining and services. The Executive Order goes into effect on Friday, March 19, 2021 at 6:00AM.
The following is a…
Employee Files Suit Alleging Employer-Mandated COVID Vaccine Violates Emergency Use Authorization Law
On February 28, 2021, an employee of a county detention center filed suit in federal court in New Mexico seeking an injunction to prevent the employee from being fired for refusing to get a COVID-19 vaccine on the basis that the vaccines have only been approved by the U.S. Food and Drug Administration (FDA) under…