(Click here to view the printable PDF) The New Jersey Cannabis Regulatory, Enforcement, Assistance, and Marketplace Modernization Act (“CREAMMA”) prohibits New Jersey employers from taking adverse employment actions against employees who lawfully use cannabis outside of work. However, the Act permits employers to make employment decisions if employees are under the influence at work, but […]

(Click here for printable PDF) The New Jersey Supreme Court just issued a decision once again highlighting the extreme difficulty businesses face when attempting to establish a worker has been properly classified as an independent contractor and not an employee. The Court, in East Bay Drywall, LLC v. Department of Labor (A-7-21) (August 2, 2002) […]

(Click here for printable PDF) The New Jersey Appellate Division prohibited a private employee from relying on freedom of speech to support her wrongful termination lawsuit. Specifically, the court found that a private employer had the authority to fire their at-will employee, Heather McVey, for making racially insensitive remarks about Black Lives Matter on her […]

(Click here for printable PDF) The Court of Appeals for the Third Circuit recently upheld an arbitration award finding that an employee must repay his former employer bonuses advanced to him. The employee attempted to overturn the award through the courts. However, two courts upheld the award, reminding litigants that they will face an uphill battle to […]

With many employers allowing their workers to work remotely, either full or part-time, the rules that apply to those remote employees are important for any employer to know. In New Jersey, two New Jersey laws, the New Jersey Law Against Discrimination (NJLAD) and the New Jersey Wage Payment Law (NJWPL), were both established to protect […]

(Click here for printable PDF) In a decision issued on January 13, 2022, the Supreme Court of the United States prohibited the Occupational Safety and Health Administration (OSHA) from implementing or enforcing the Biden Administration’s COVID-19 Emergency Temporary Standard (ETS), which would have required that all businesses with 100 or more employees require that all […]

(Click here for printable PDF) On Friday, December 17th, a federal appellate court reinstated the mandate ordered by President Biden for large employers for COVID vaccines or testing. This mandate, issued by the President and implemented by the federal Occupational Safety and Health Administration (“OSHA”) COVID-19 Emergency Temporary Standard (“ETS”), requires private employers of 100 employees […]

(Click here for printable PDF) Just shy of two months after President Biden announced that private employers would be required to implement a “soft” vaccine mandate. (See our Alert on this announcement here), the Occupational Safety and Health Administration (“OSHA”) issued the Emergency Temporary Standards (“ETS”) for private employers of 100 or more employees. This […]

(Click here for printable PDF)  On October 25, 2021, the Equal Employment Opportunity Commission (“EEOC”) issued new guidance for employers addressing requests for religious exemptions from employer vaccination mandates or other COVID-19 policies. The agency added “Section L” to its existing “Technical Assistance Questions and Answers” related to COVID-19 and the ADA, the Rehabilitation Act, […]

Last month, the Third Circuit upheld Drexel University’s decision to terminate an employee after she took an unapproved extended leave of absence for her medical condition.  In Watson v. Drexel University, Drexel University (“the University”) granted an initial leave of absence under the federal Family Leave Leave Act (“FMLA”) to an employee diagnosed with leiomyoma […]