Monica Nugent

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued final guidance on workplace harassment subject to federal employment discrimination laws.  Aptly titled, “Enforcement Guidance on Harassment in the Workplace” (915.064), this guidance addresses how harassment based on race, color, religion, sex, national origin, age, disability, or genetic information is defined under EEOC-enforced statutes and provides the analysis for determining whether employer liability is established. … Continue Reading

On August 25, 2023, the National Labor Relations Board issued its decision in Cemex Construction Materials Pacific LLC (N.L.R.B., Case 28-CA-230115) – upending over fifty years of established law and setting forth a new, union-friendly framework for determining when employers are required to recognize and bargain with unions without a representation election. … 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 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 August 26, 2022, the U.S. Court of Appeals for the District of Columbia Circuit turned back efforts by a group of unions seeking to force the Occupational Safety and Health Administration (OSHA) to quickly issue a permanent rule establishing protections for healthcare workers from COVID-19.  

A unanimous three-judge panel in In re: National Nurses United, et al.Continue Reading

On August 19, 2022, the U.S. Departments of Labor, Treasury, and Health & Human Services issued final rules entitled, “Requirements Related to Surprise Billing: Final Rules,” which modify the independent dispute resolution (IDR) process implemented under the No Surprises Act. 

The No Surprises Act (the Act), enacted as part of the Consolidated Appropriations Act, 2021 (CAA), created novel protections against out-of-network balance billing and established an IDR process for resolving payment disputes between certain providers and health plans when they are unable to agree upon an appropriate price for out-of-network services. … Continue Reading