In a matter of first impression, Pennsylvania’s Appellate Court issued a decision affirming a private right of action under Pennsylvania’s Medical Marijuana Act (“MMA”) and permitting a claim to proceed for wrongful discharge in violation of Pennsylvania public policy. The Appellate Court’s…
Continue Reading Affirmed: Pennsylvania's Appellate Court Says "Yes" to Private Right of Action Under Medical Marijuana Act

In what has become a national trend, the Garden State has issued an executive order requiring that certain health care entities and high-risk congregate settings implement a vaccination or test policy. Executive Order 252 goes into effect on September 7, 2021, and requires “covered workers” to…
Continue Reading New Jersey Targets Health Care Entities and High-Risk Congregate Settings for Next Round of Vaccination Mandates

On July 2, 2021, New Jersey’s Appellate Court upheld a ruling in Kennedy v. Weichert finding that the State’s ABC Test for deciding workers’ employment status applies to classification disputes made under New Jersey’s Wage Payment Law (“WPL”). The Court’s ruling comes just days before a flurry of…
Continue Reading Kennedy v. Weichert Realtors: Employment Status of Real Estate Salespeople Under-Fire

The More Things Change . . . This is the first in a series on key issues regarding the “Return to Office”. We started planning this series earlier this summer and, like many of our clients’ plans, it got delayed and kept evolving. We recognize that a significant number of employers have been back…
Continue Reading Guidelines for the Return to Office – Part 1: How to Handle Masking Under New and Evolving CDC Guidance

New Jersey’s Governor has taken aim at employee misclassification by signing into law four Bills that anoint heightened administrative powers to the New Jersey Department of Labor (“DOL”), require additional reporting requirements, and amend the New Jersey Insurance Fraud Act (“NJIFA”) to allow for…
Continue Reading New Jersey's Governor Fortifies Enforcement Measures for Employee Misclassification: Are More Penalties Really the Answer?

July 3, 2021 marked National CROWN Day – the second anniversary of when California became the first state to pass a CROWN law in July 2019. CROWN laws, or laws for “Creating a Respectful and Open Workplace for Natural Hair,” are part of a nationwide effort seeking to “ensure protection against…
Continue Reading Crown Day & Crown Laws Update

The Equal Employment Opportunity Commission (EEOC) recently issued a technical assistance document for “Protections Against Employment Discrimination Based on Sexual Orientation or Gender Identity.” The document briefly explains the Supreme Court’s decision in Bostock v. Clayton County, Georgia ,…
Continue Reading EEOC Issues Guidance on Sexual Orientation and Gender Identity Discrimination

On May 25, 2021, the Illinois legislature passed an amendment to the Illinois Wage Payment and Collection Act that more than doubles the possible damages an employee can be awarded for a wage violation.
Continue Reading Illinois Significantly Increases Penalties For Wage Payment Violations

On May 31, 2021, both Houses of the Illinois legislature unanimously passed legislation that, if signed by Governor Pritzker, will overhaul the enforceability of restrictive covenants in Illinois. The legislation 1 amends the Illinois Freedom to Work Act and, if signed, will be effective January 1…
Continue Reading Unraveling the New (Major) Illinois Restrictive Covenant Law

Please join us as Labor & Employment attorneys Anna Maria Tejada and Zach Kimmel present during our four-part webinar series focused on the challenging labor and employment issues that HR professionals face in managing today’s workforce. This interactive and engaging series of discussions will…
Continue Reading You're Invited: Get Wise Webinar for HR Professionals – Navigating the Employee Lifecycle

Earlier this year, the Trump Department of Labor issued a new rule regarding how to classify workers as either employees or independent contractors under the Fair Labor Standards Act. In May, the Biden DOL revoked this proposed rule and confirmed its position that worker classification under the…
Continue Reading What Employers Need to Know About the DOL’s Changing Positions on Who is an Independent Contractor