Q. Are there new laws that New Jersey employers needs to be aware of?
A. January 2020 was a busy month for New Jersey’s executive branch. Governor Phil Murphy signed into law at least five workplace-related bills, one of which revised the New Jersey mini-WARN Act, one granting state regulators
Q. Does a consumer need to actually try to buy a product or service at a store to have standing to sue under the ADA for failure to maintain an accessible website?
A. Evolving case law regarding website accessibility under the Americans with Disabilities Act (ADA) and comparable state laws
Q. What can I do to protect my company from lawsuits claiming that our website is not accessible to visually-impaired individuals?
A. Companies, universities and other organizations around the country continue to face an onslaught of lawsuits brought under the Americans with Disabilities Act (ADA) alleging that commercial websites cannot
Q. What is the standard for determining whether a worker is an independent contractor for purposes of federal wage and hour laws and union organizing conduct?
A. Recently, both the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) issued documents supporting independent contractor status, evidencing the
Q. An employee has requested that he be allowed to bring his Labradoodle to work with him. Do we have to accommodate this request?
A. Pets are accompanying their masters everywhere these days. It is not unusual to see pets in public areas, including restaurants, and even on airplanes. Likewise, more employees are requesting to bring man’s best friend to work. Whether an employer has to accommodate such a request depends on whether the employee is qualified individual with a disability and the request for accommodation would enable the employee to perform the essential functions of his or her job. If the workplace is also a place of public accommodation, then the company also should be mindful of the rules under the Americans With Disabilities Act (ADA) for “service animals.”
Q. Can my employees pursue class actions via arbitration?
A. On April 24, the U.S. Supreme Court issued the latest in its line of recent decisions hostile to class action arbitration. In Lamps Plus, Inc. v. Varela, the Court stated that merely showing ambiguity in an arbitration clause is
Q. What is the current standard for determining whether an individual is an employee or independent contractor for purposes of the NLRA?
A. On Jan. 25, 2019, the Republican-led National Labor Relations Board affirmed the acting regional director’s decision that drivers of a shared airport ride service were independent contractors,
Q. Are there any limitations on my company’s ability to require employees to submit to drug and alcohol testing after an accident?
A. In May 2016, OSHA published a final rule that, among other things, amended the Occupational Safety & Health Act (OSH Act) to prohibit employers from retaliating against employees for reporting a work-related illness or injury. In the preamble to that final rule, OSHA cautioned that a blanket rule that mandates drug/alcohol testing after every accident, injury or illness could be seen as retaliatory. Instead, before requiring an employee to submit to post-accident testing, OSHA said that there must be a “reasonable possibility” that drug or alcohol use caused or contributed to the reported injury or illness. Thus, for example, it would not make sense to test an employee who reported a repetitive strain injury from typing, since drug or alcohol use is not likely to be involved.
Q. Is there anything I should look out for in documenting my legitimate business reason for terminating an employee?
A. The United States Appeals Court for the Seventh Circuit (covering Illinois, Indiana and Wisconsin) recently issued an opinion that serves as a warning that inconsistent explanations of an employer’s reason for an adverse employment decision could support an inference of retaliation. In Donley v. Stryker Sales Corp., No. 17-1195 (7th Cir. Oct. 15, 2018), the plaintiff filed an internal complaint with the company’s human resources department that a manager was harassing a female coworker. The human resources director investigated the complaint and the company then terminated the manager, albeit with a hefty severance package. Shortly after the termination, however, the plaintiff also was terminated. The company claims that it fired the plaintiff for taking improper photographs of the CEO of a vendor, who was drunk at a work event approximately six weeks prior to plaintiff’s harassment complaint.
Q: My company is headquartered in Massachusetts. Does the new Massachusetts law on non-competes change how I structure non-compete agreements with employees?
A: Massachusetts recently enacted a new law outlining the requirements for valid employee non-competition agreements. The law will go into effect for non-competition agreements entered into on October 1, 2018 and later. Agreements signed prior to the new law will remain valid.