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. […]
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a federal judge in New Jersey has ruled that remarkably the CREAMMA law does not allow an employee whose job offer was revoked due solely to his use of recreational marijuana to sue […]
BEWARE OF RETALIATION: THE GREEN-EYED MONSTER
I was recently reading USA Today and came across an article about an all-too-familiar situation for some employers. The article reported a case involving a former employee of O’Reilly Auto Parts who was fired after he intervened as a witness on behalf of a co-worker who alleged that she was sexually harassed. The employee brought […]
The ADA and Testers?
As a labor and employment lawyer, I am always addressing employment related issues involving the Americans with Disabilities Act (“ADA”). As most know, the ADA is a major labor and employment law that promotes employment opportunities for persons with disabilities. But did you know that the ADA also has provisions that are designed to promote […]
Vacations on FMLA?
It seems like every day, I get some very unique questions in my practice. This one was a doozy. A client calls and tells me that an employee who is out of work on a medical leave of absence is posting pictures of herself on Facebook while on a wonderful vacation in the Bahamas. Needless […]
FTC Proposed Rule Would Ban Virtually All Non-Compete Restrictions.
On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed rule that, if adopted, would result in a near-total nationwide ban on the use of non-compete agreements. If enacted as presently drafted, the FTC’s proposed rule would preempt current state laws on non-compete agreements and further require employers to rescind all existing non-compete […]
Does Anybody Really Know What “Travel” Time Is… And Does Anyone Really Care?
The rock group Chicago once asked in one of its famous hits: “Does anybody really know what time it is,” to which the lead singer ultimately responded, “does anybody really care?” In the labor and employment realm, time is something that employers need to care about, especially when it comes to wage and hour legal […]
5 New Year’s Resolutions For Your Workplace In 2023
It is hard to believe that we are only a few days from the start of December, the final month of 2022. Where does time go these days? With 2023 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 […]
Beware Child Labor Laws
An often overlooked area of labor and employment law are child labor laws. Such laws exist at both the federal and state level. And they are indeed enforced at each of those levels of government. For example, I am currently involved in a federal labor wage and hour audit and one item requested by the […]
So, What Exactly is FMLA Interference?
Most employers today know what the Family and Medical Leave Act (“FMLA”) requires, i.e. job protected leave for employees working for employers with 50 or more employees. But most employers know very little about what the law prohibits, namely both interference with and protection against retaliation when an employee exercises FMLA rights. As part of […]
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