Legal Blogs and Updates

Posts in Labor and Employment.
CRC Offers Employers Form to Identify Reasonable Suspicion of Cannabis Impairment

The Executive Director for the New Jersey Cannabis Regulatory Commission (“CRC”) issued interim guidance on how to navigate the recreational cannabis landscape in the workplace while the CRC continues to work on creating standards for the Workplace Impairment Recognition Expert ...

Schoolyard Bully Grows Up: Identifying and Addressing Workplace Bullying

As businesses transition back to the office, employers are confronted with a unique scenario: employees seeing one another again in-person, sometimes for the first time in over two years.  With this comes a period of acclimation for the workforce.  Co-workers must adjust to being in close ...

What Is “Quiet Quitting” and What Can Employers Do to Avoid It?

In the last several weeks, “quiet quitting” trended on TikTok and has crept into the lexicon of more traditional media outlets. What is it and what can employers do about it?

Quiet quitting is a misnomer—employees are not truly quitting. Advocates of quiet quitting say it is a reflection ...

Division of Civil Rights Updates LAD and FLA Poster Requirements

Effective August 1, 2022, the New Jersey Division on Civil Rights adopted new and amended regulations regarding the display and distribution of posters required to be provided to employees by employers. Of particular note to employers are the requirements that apply to the Law Against ...

Employee or Independent Contractor? NJ Supreme Court Clarifies What It Means for a Worker to Be Independent

On August 2, 2022, the New Jersey Supreme Court issued an opinion that examines what it means for a worker to be an independent contractor.

In general, under the New Jersey Unemployment Compensation Act, to determine whether a worker is an employee or independent contractor, the facts are to be ...

Can Employers Still Require Employees to Take COVID-19 Tests? Maybe. EEOC Updates Guidance for Employers

On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance on employer-required COVID testing. Throughout the pandemic, the EEOC has maintained that employers could require their employees to be regularly tested for COVID. 

Until now ...

Caution Before the Storm

Recreational marijuana will be available for sale in New Jersey beginning tomorrow, Thursday, April 21st.

A few things for employers to remember:

  • Employers can require a drug- and alcohol-free workplace.
  • Employers can prohibit the use, consumption, being under the influence ...
President Biden Signs the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act

On March 3, 2022, President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” (the “Act”) (otherwise known as the “#MeToo Bill”).  The Act amends the Federal Arbitration Act, and nullifies mandatory arbitration ...

NYC Mandates Posting Salary Information in Job Listings

New York City has adopted a new law requiring employers to publicly disclose salary information when advertising a job, promotion or transfer opportunity. The law, which is part of the ongoing effort to close the racial and gender wage gap, takes effect on May 15, 2022 and accelerates the trend ...

Identify H-1B Candidates by February 15, 2022 to Supplement Your Workforce with Qualified Professional Employees

The “Great Resignation” among US workers has been triggered by the COVID-19 pandemic and the rise of remote work, creating a palpable shortage of qualified professional workers* for hire into open positions in all industries.

As a result, each employer’s search for the best ...

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