A Capehart Scatchard Blog

THE NLRB DOES IT AGAIN!

By on February 28, 2024 in Employee Rights with 0 Comments
THE NLRB DOES IT AGAIN!

When Democrats took control of the White House in 2021, most experts expected that there would be a drastic change in the direction of the decisions of the National Labor Relations Board (“NLRB”), which had been up to that point a quite hospitable forum for employers during the prior administration. Since this change, as predicted, […]

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New Federal Independent Contractor Rule

By on January 30, 2024 in FLSA with 0 Comments
New Federal Independent Contractor Rule

The United States Department of Labor (“DOL”) has continued the implementation process for its adoption of a new federal standard for determining questions of independent contractor status under federal law. On January 10, 2024, the DOL published a final rule that revises the DOL’s past guidance on how to analyze independent contractor issues under the […]

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Yes, Virginia, Non-Compete Agreements are Still Enforceable in New Jersey

Over the last several weeks, as 2023 was drawing to a close, I received several questions about whether non-compete agreements are still enforceable in New Jersey. The confusion in this area is understandable. With efforts happening at the federal government level to ban non-compete agreements nationally, and initiatives working their way through the New Jersey […]

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6 New Year’s Resolutions for Your Workplace in 2024

By on November 29, 2023 in HRE Resource, The Basics with 0 Comments

It is hard to believe that we are now in the final month of 2023. Where does time go these days? With 2024 just around the corner, employers are presented with a wonderful opportunity to review internal policies/procedures and hopefully help avoid future workplace legal problems. Here are five suggested New Year’s Workplace Resolutions for […]

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Employer Social Media Searches-Beware Of What You Wish For!

Thanks to the internet, employers have access to more and more information about their employees and prospective employees than ever before. And most employers love that so much information is now available to them to guide their hiring practices. Recently, I have gotten multiple questions from clients asking whether it is a smart thing for […]

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New Proposed Regulations for New Jersey’s Temporary Workers’ Bill of Rights Law

The New Jersey Department of Labor (“NJDOL”) recently issued proposed regulations that are designed to assist temporary employment agencies and their customers comply with New Jersey’s Temporary Workers’ Bill of Rights Law (“Law” or “Bill of Rights Law”). That Law went fully into effect on August 5, 2023. One of the most controversial requirements of […]

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USDOL Issues Proposed New Overtime Rules

By on August 31, 2023 in FLSA, HRE Resource with 0 Comments

On August 30, 2023, the Department of Labor (“USDOL”) announced the issuance of a Notice of Proposed Rulemaking (NPRM), Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees. The NPRM proposes to update and revise the regulations issued under section 13(a)(1) of the Fair Labor Standards Act. These rules and regulations implement […]

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What Can Employers Do About Employee Marijuana Use?

I recently had a representative of a contractor over to my home to provide an estimate for possible construction work. While the representative was looking at the area of my home where work was being contemplated, I detected a pungent odor that I have smelled before. The odor was certainly familiar to me given the […]

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New Pregnant Workers Fairness Act Goes Into Effect This Week

On Tuesday, June 27, 2023, a new federal law that expands the rights of pregnant (and postpartum) workers went into effect nationally. The Pregnant Workers Fairness Act (“PWFA”) provides several new rights and protections for pregnant workers and imposes new obligations on employers. It applies to all employers who employ 15 or more employees.    […]

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Federal Judge Rules Recreational Marijuana User Has No Legal Remedy Under NJ CREAMMA Law for Failing to Be Hired

In a case involving a critical issue of first impression under New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, (“CREAMMA”), a federal judge in New Jersey has ruled that remarkably the CREAMMA law does not allow an employee whose job offer was revoked due solely to his use of recreational marijuana to sue […]

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