Karli Lubin

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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

On October 27, 2022, VDA OC, LLC, (VDA) a Nevada health care staffing company, pleaded guilty to participating in a conspiracy to suppress and eliminate competition for the services of school nurses.  According to the plea, VDA and an unnamed competitor agreed not to recruit or hire each other’s nurses and to refrain from raising wages of the nurses.… Continue Reading

The Employer Shared Responsibility Provisions (commonly known as the “employer mandate”) under the Affordable Care Act (ACA) require covered large employers to pay an assessment under the Internal Revenue Code if they fail to offer health coverage to their full-time employees that meets certain standards. Those standards include a requirement that the coverage be affordable for full-time employees.… Continue Reading

On June 30, the Third Circuit ruled that Allegheny Port Authority’s (Port Authority) policy prohibiting political and social adornments on employee uniforms is likely unconstitutional.

In April 2020, Port Authority began requiring its uniformed employees to wear masks at work. When some employees wore masks bearing political or social-protest messages, Port Authority prohibited such masks out of concern they would disrupt the workplace.… Continue Reading

On June 23, 2022, the 50th anniversary of Title IX, the U.S. Department of Education released its proposed changes to Title IX regulations, which codify protections for LGBTQ+ students from discrimination based on sexual orientation, gender identity, and sex characteristics. The regulations aim to restore protections for students against all forms of sex-based harassment, ensure prompt and effective action, and eliminate the requirements of a live hearing and cross-examination.… Continue Reading

Earlier this week, in an ongoing case between Cemex Construction Materials Pacific, LLC and International Brotherhood of Teamsters, NLRB General Counsel Jennifer Abruzzo filed a brief calling for the Board to reinstate the 1949 Joy Silk Mills decision – which has not been enforced since the late 1960s.  Under Joy Silk, employers may be required to recognize and bargain with a labor group prior to an election when the union provides evidence of authorization cards signed by a majority of the employees in the proposed unit (known as a card check), unless they have clear evidence against the group’s majority support.… Continue Reading

On February 7, 2022, the Task Force on Worker Organizing and Empowerment publicly released its report to President Joe Biden, offering nearly 70 recommendations to promote pro-union policies and practices in the public and private sectors. The Task Force, chaired by Vice President Kamala Harris, embodies President Biden’s vow to be the “most pro-union President” in United States history.… Continue Reading

As we previously reported here, the Biden Administration has seen significant setbacks as courts around the country halt the administration’s vaccine mandates, including the emergency Interim Final Rule issued by the Centers for Medicare and Medicaid Services (CMS). Specifically, on November 29, Judge Matthew T. Schelp of the U.S. District Court for the Eastern District of Missouri enjoined the CMS Rule in the ten states who brought an action seeking preliminary injunction (Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming).… Continue Reading

On November 17, 2021, the EEOC, as it has done throughout the pandemic, updated its COVID-19 Technical Assistance manual. The additional questions and answers clarify that applicants and current and former employees are protected from relation for exercising EEO rights in connection with COVID-19. The guidance identifies particular examples of protected activity, which employees may engage in without fear of retaliation, including:

  • Filing a charge, complaint, or lawsuit, regardless whether the underlying discrimination allegation is successful or timely.
… Continue Reading