Legal Blogs and Updates

Train Managers to Understand and Comply with the Federal Pregnant Workers Fairness Act and EEOC Guidance on Wearable Technologies.

While managers may be aware of the requirements to provide reasonable accommodations per state law and the Americans with Disabilities Act (ADA), they must be trained to understand the requirements of the federal Pregnant Workers Fairness Act. This federal law requires covered employers to provide reasonable accommodations, well-beyond that required by state law or the ADA, to a worker's known limitations related to pregnancy, childbirth, or related medical conditions. Managers must also understand the implications of the use of wearable technologies in the workplace to avoid compliance risks.

Avoid Wage and Hour Landmines.

Enforcement efforts are increasing at both the state and federal level and wage and hour class action lawsuits are filed with increasing frequency. Ensure that your processes and documentation are compliant with the relevant wage and hour laws. Advance preparation avoids the risk of litigation or, worse, sanctions and penalties imposed by the government.

Protect and Safeguard Your Workplace Environment From Cannabis Impairment.

Implement a drug and alcohol policy that addresses cannabis, ensure managers and supervisors are trained on impairment suspicions, when it is permitted to drug test, how to drug test, and how to complete the reasonable suspicion observed behavior report.

Consider Creative Options for Your Foreign National Employees Who Were Not Selected in the H-1B Cap.

Each year USCIS holds a lottery in March to determine who will be eligible to file an H-1B Petition. Last year the selection rate was 25%. If an employee is not selected, it is important to understand what other options they may have for alternative work authorization. These options include the TN, L-1, F-1 CPT, E-2, E-3 and Permanent Residence.

Ensure Compliance with New Pay Transparency Law.

Beginning June 2025, all New Jersey employers with over 10 employees are required to disclose the hourly wage or salary or range, along with a general description of benefits, for any employment listing and promotional opportunity. Employers need to determine the hourly wage or salary or range and a description of benefits before listing any open position and ensure their recruiting and human resources professionals are aware of the new requirements.

Review Your Non-Compete Agreements.

Employers should evaluate their non-compete agreements to ensure compliance with New Jersey and federal laws. In the past twelve months, both the Federal Trade Commission and National Labor Relations Board have issued rules and guidance expressing disfavor towards non-compete agreements. Although these rules are not currently in effect and non-compete agreements are still enforceable, employers should be aware that non-compete agreements need to be properly tailored and that other contractual restrictions exist that can be considered in lieu of and/or to supplement non-compete agreements.

Consider the National Interest Waiver Category to Obtain Green Cards for Your Valued Foreign National Employees.

Many highly valued foreign national employees perform functions that don't easily fit within the employment-based options for obtaining lawful permanent resident status (green cards). For these employees, the National Interest Waiver category may be an option. The category requires proof that the employee's work is of national interest, and that the employee is likely to advance his/her field of endeavor but provides room for creativity in meeting these standards. Understanding the category makes it possible for employers and employees to plan, giving the employee the best chance at success.

Fortify Compliance with the Conscientious Employee Protection Act to Avoid Potential Treble Damage Claims, Fee Shifting, and Individual Liability.

Employers are prohibited from retaliating against employees who reasonably believe their employer violated the law. To protect against such claims under Conscientious Employee Protection Act (CEPA), employers should have a strong policy against retaliation coupled with annual employee training on how to respond to internal complaints of alleged improper employer action. The policy should be clear on employee reporting requirements of the alleged illegal or improper activity, coupled with required documentation.

Reduce Separation Anxiety.

Separating from employees, whether through an involuntary termination, layoff, or otherwise, presents a host of decisions for employers. Review your separation process and checklist to protect the organization and supervisors from potential liability due to non-compliance with federal and state laws and regulations.

Update Your Employee Handbook and Conduct Workplace Harassment Prevention Training.

An employee handbook should be reviewed from a legal and administrative perspective on an annual basis in order to keep it up to date with new and evolving federal and state laws. In addition, employers are well-advised to conduct workplace harassment prevention training in an interactive and engaging manner while utilizing practical examples of workplace conduct and reinforcing the company's anti-harassment policy and complaint procedure.