In a stunning development, the United States District Court for the Eastern District of Texas granted an emergency motion for preliminary injunction that challenged the validity of the Department of Labor’s new overtime rule, just about a week before the rule was to take effect.  Significantly, the Order granting the motion enjoins the rule nationwide […]

We often receive calls from employers advising that they want to hire a new employee (from a competitor of course) who is the best thing since sliced bread but he has this non-compete agreement.  The first question is usually: “that’s not enforceable, right?” The seemingly useless lawyer answer of “it depends” is just the starting […]

Many U.S. employers use non-compete agreements to protect their sensitive proprietary information. These agreements establish a “buffer” time period during which a departing employee is prohibited from taking a job with a competitor, often within a defined geographic area. While non-compete restrictions were once linked primarily with highly compensated executive employees, a report issued by […]

Douglas Diaz will present “Managing Social Media Use in the Workplace” at the Tri-State HRMA Legal Symposium Tuesday, November 15, 2016 7:30 AM- 12:30 PM Location: Rowan College of Gloucester County Tri-State HRMA Legal Symposium Half-day event at Rowan College of Gloucester County Registration: 7:30am – 8:00am The symposium will feature 4 sessions: 8:15am – 9:15am – EEOC […]

Please join us for a complimentary Labor & Employment Breakfast Seminar. This course will cover the major state and federal laws affecting labor and employment law. DATE:                     Friday, November 13, 2015 AGENDA: 8:00 – 8:45 a.m.           Breakfast, Registration and Networking 8:45 – 8:50 a.m.           Introduction 8:50 – 9:15 a.m.           Legal Update: Case Decisions, Laws […]

Earlier this week, the New Jersey Supreme Court ruled that employers cannot enforce agreements with their employees to shorten the time period for which those employees can sue them for claims of unlawful discrimination. In this milestone decision, the Court in Rodriquez v. Raymours Furniture Company, Inc. found that employees — who even voluntarily sign […]

On May 17, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued final regulations concerning employer wellness programs. The rules are effective starting July 18, 2016, but are applicable to plans starting January 1, 2017. These rules address Title I of the Americans with Disabilities Act (“ADA”) and Title II of the Genetic Information Nondiscrimination Act […]

Earlier this week, President Obama and the U.S. Department of Labor announced long-awaited revisions to overtime regulations under federal law.  The most important change will allow millions of workers to receive overtime pay because the DOL has raised the minimum salary that employees must receive before they can ever be exempt from overtime.  Under the revised regulations, […]

Archer will sponsor the upcoming Chamber of Commerce of Southern New Jersey seminar, “HR Boot Camp” on March 1, 2016 from 8:00am – 12:00pm. Topics will include the following: Employee Handbooks in 2016 – What’s the Latest? Peter L. Frattarelli, Esq., Archer P.C.  Employee handbooks are the starting point for all employer policies, but the legal requirements […]

The U.S. Court of Appeals for the Third Circuit, which covers Pennsylvania, New Jersey, and Delaware, issued a ruling in McMaster v. Eastern Armored Services, Inc. (3d Cir. Mar. 11, 2015), which not only limits the applicability of an important overtime exemption for employees of motor carriers, but which may significantly complicate employers’ use of […]