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- 10.09.2024Three Strikes: Lessons Learned From The ILA, Autoworkers, & Actors Strikes
Now that the ILA short-lived but eventful strike is over, it is important to understand what this strike and the two noteworthy strikes of last year by the Autoworkers and the Actors-Writers have in common and what we might learn from them. Technology. Or, to put it a bit more expansively, the march of advancing technology pitted against the anxieties over job loss. The Autoworkers’ union picketed in part because of job vulnerability due to the increasing market share of electric cars, which require a different process to manufacture. Actors and Writers protested the way artificial intelligence is affecting and will affect their work. The ILA struck in part due to the threat automation presents to their jobs on the docks. The strikes were all viewed as successful by the unions because of significant wage increases. But were they successful at stemming the tide of technology or have they just plugged the dam? Put another way, what can employers do to embrace technology while also embracing its employees and maintaining labor peace?
- 09.10.2024Reminder To Employers: Even Temporary Impairments Can Be A Disability Under The Law
Last week’s decision by the Third Circuit Court of Appeals, Morgan v. Allison Crane & Rigging LLC, stands as a reminder to employers to exercise caution in how they navigate accommodating employees with temporary medical conditions.
- 02.10.2023What The Temporary Workers' Bill of Rights Means For New Jersey Employers
On February 6, 2023, Governor Murphy signed Assembly Bill 1474/S511, commonly referred to as the "Temporary Workers' Bill of Rights." The bill's "equal-pay-equal-benefit" provision requires that temporary workers be paid at least the same average rate of pay and equivalent benefits (or cash equivalent) as the third-party client’s permanent employees performing the same or similar work on jobs that require equal skill, effort, and responsibility. The legislation applies to workers in designated classifications, including certain workers in protective service, food preparation and serving, building, and grounds cleaning and maintenance, personal care and service, construction, production, and transportation occupational categories.
- 08.19.2020Crossing State Lines: Road Tripping with Amazon and Interstate Commerce
On July 28, 2020, Chief District Judge Freda L. Wolfson from the District of New Jersey denied Amazon’s Motion to Dismiss and Compel Arbitration in Harper v. Amazon. The parties were ordered to engage in discovery to determine whether plaintiff was engaged in interstate commerce to be exempt from arbitration under the Federal Arbitration Act (FAA).
- 07.21.2020New Jersey Arbitration Act Rushes in and Orders Arbitration Where FAA Fears to Tread
In a July 14, 2020 decision the Supreme Court of New Jersey held that the New Jersey Arbitration Act (NJAA) may apply to arbitration agreements even if the parties are subject to the Federal Arbitration Act (FAA) exemption for transportation workers engaged in interstate commerce.
- 07.08.2019In Aftermath of The U.S. Supreme Court’s New Prime Decision, NJ Appellate Division Enforces Some Driver Arbitration Agreements, Invalidates Others
- 06.10.2019New Jersey District Court Rules Insurance Agents Appropriately Classified as Independent Contractors
- 02.11.2019"Breaking Contracts has Consequences" - Third Circuit Backs Employer with Restrictive Covenant Agreements