Denise M. Keyser

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On August 8, 2023, the U. S. Department of Labor (“DOL”) issued a final rule revamping its procedures for determining prevailing wages under the Davis-Bacon and Related Acts (collectively, DBRA). This is the first time in forty years that DOL has revisited this process.

The DBRA requires payment of locally prevailing wages and fringe benefits for various classifications of workers on most federally funded or assisted contracts for the construction, alteration, or repair of public buildings or public works.… Continue Reading

By December 31, 2023, health plans and insurers must submit an attestation of compliance with the “anti-gag rules” of the Consolidated Appropriations Act of 2021 (CAA).  The rules apply to all agreements entered into on or after the date that the CAA was enacted (December 27, 2020), and the first attestation applies retroactively to that date.… Continue Reading

Last week, amid its headline-generating decisions on affirmative action, religious accommodations in the workplace, and LGBTQ rights, the Supreme Court of the United States also issued its decision in Mallory v. Norfolk Southern Railway Co., 600 U.S. _____ (2023) (slip op.), a decision which has the potential to expand a state’s jurisdiction over out-of-state corporations registered to do business there. … Continue Reading

On June 29, 2023, the Supreme Court of the United States (SCOTUS) issued a unanimous opinion, authored by Justice Alito, in Groff v. DeJoy, Postmaster General, 600 U.S. ___ (2023), in which it “clarified” decades-old precedent regarding an employer’s obligation to accommodate the religious beliefs of its employees. The unanimous Court held that, under Title VII, an employer is required to accommodate an employee’s religious beliefs unless doing so would result in substantial increased costs in relation to the conduct of its particular business.… Continue Reading

Last week, the National Labor Relations Board (“Board”) issued a decision changing the legal standard it will use to determine whether workers are “employees” covered by the National Labor Relations Act (“NLRA”), or independent contractors who are not.

Prior to 2019, the Board’s test for determining whether a worker was a statutory employee or independent contractor weighed a variety of factors, including those outlined in the Restatement (Second) of Agency:

(a) the extent of control which, by the agreement, the employer may exercise over the details of the work;

(b) whether or not the one employed is engaged in a distinct occupation or business;

(c) the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the employer or by a specialist without supervision;

d) the skill required in the particular occupation;

e) whether the employer or the worker supplies the instrumentalities, tools, and the place of work for the person doing the work;

(f) the length of time for which the person is employed;

(g) the method of payment, whether by the time or by the job;

(h) whether or not the work is a part of the regular business of the employer;

(i) whether or not the parties believe they are creating the relation of employer and employee; and

(j) whether the principal is or is not in business.… Continue Reading

Since March 2020, the federal Department of Homeland Security (DHS) has permitted employers the flexibility to engage in remote review of certain new employees’ proof of their identity and authorization to work in the United States. At the end of July 2023, those flexibility rules will sunset – although businesses will have until the end of August to fully comply. … Continue Reading

On February 6, 2023, Governor Phil Murphy signed into law a controversial bill that will provide sweeping new protections and an expansion of rights for temporary workers in New Jersey, dubbed the “Temporary Workers’ Bill of Rights” (A1474/S511).  This new law, which represents a significant victory for temporary workers in the Garden State, seeks to increase government oversight of temporary staffing agencies, advance pay equity between temporary workers and regular employees, and preclude retaliatory conduct against temporary workers. … Continue Reading

On January 30, 2023, the Biden Administration said that it will end COVID-19 emergency declarations on May 11, 2023.  The federal government has been paying for COVID-19 vaccines, some tests, and certain treatments under the public health emergency declaration. Many of those costs now will be transferred to private insurance and government health plans.… Continue Reading

In January 2020, New Jersey Governor Phil Murphy signed into law Senate Bill 3170, which amended and significantly expanded employer obligations under the Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ WARN”).  In the midst of the COVID-19 pandemic, however, the State delayed the amendments’ effective date until 90 days after the termination of the Governor’s Declaration of a State of Emergency related to COVID-19. … Continue Reading

Part two of our “Back to School” webinar series will take a look at looming issues for employers as they face an uncertain economic forecast while still dealing with novel challenges created by the COVID-19 pandemic. Despite unemployment rates remaining steady, a changing economy has many employers anticipating the need to reduce their workforce and re-thinking workforce management.… Continue Reading