09.29.2020
All Bark, Even Bigger Bite: New Jersey's New Worker Misclassification Protections
Labor & Employment Law Blog
On January 20, 2020, Governor Murphy signed into law a series of legislative packages aimed at combating worker misclassification and exploitation. These bills will bolster an already-aggressive state department of labor that has the independent contractor model squarely in its sights.09.29.2020
Federal Court in Manhattan Vacates Key Part of USDOL’S Final Rule on Joint Employer Status
Labor & Employment Law Blog
On September 8, 2020 U.S. District Court Judge Gregory H. Woods in Manhattan granted partial summary judgment to 17 states and the District of Columbia striking down a major part of the Department of Labor’s Final Rule on vertical joint employer relationships.09.29.2020
The End of the Beginning, or the Beginning of the End?
Labor & Employment Law Blog
On August 10, 2020, a California judge ordered Uber Technologies, Inc. and Lyft Inc., to reclassify their drivers from independent contractors to employees by August 20, 2020.09.21.2020
NJ Supreme Court Enforces Arbitration Agreement Despite Failure to Specify Forum, Arbitrator, & Governing Law
Labor & Employment Law Blog
On September 11, 2020, in a unanimous decision, the New Jersey Supreme Court found that New Jersey law does not require that an arbitration agreement identify the arbitrator, name the arbitral forum, describe the arbitrator selection process, or provide for the governing law, so long as the agreement to arbitrate includes a clear and unmistakable waiver of the right to a jury or other civil trial of the claims.09.02.2020
Paycheck Protection Program: Allocability of Nonpayroll Costs to Your Business
Coronavirus (COVID-19) Resource Center
The SBA, in consultation with the Treasury, released another set of interim final rules, dated August 27, 2020 regarding forgivable costs under the Paycheck Protection Program.09.01.2020
Federal Court Judge Block Blocks Temporarily HHS’s Enforcement of Revised ACA Anti-Sex Discrimination Rules, Restores ACA Protections for LGBTQ Individuals
Labor & Employment Law Blog
On August 17, 2020 the U.S. District Court for the Eastern District of N.Y. preliminarily enjoined the U.S. Department of Health and Human Services (“HHS”) from enforcing provisions of its June 2020 final Section 1557 regulations (“2020 Rules”) which were slated to take effect the next day. The 2020 Rules, in part, interpret the Affordable Care Act’s prohibition of sex discrimination as excluding discrimination based on gender identity and sex stereotyping, which is contrary to the interpretation under the Obama-era rule.08.31.2020
New Jersey Election Law Enforcement Commission Plans Hearing on New Proposed Campaign-Finance Regulations
Corporate Political Activity Law Blog
The Election Law Enforcement Commission, the New Jersey Government body charged with jurisdiction over the state’s campaign-finance laws, announced last week that it will hold a public hearing with opportunity for comment on October 20, 2020 to consider the implementation of new regulations.08.24.2020
Court Rules that Employees Cannot Disclose Your Trade Secrets, Even to Themselves
Labor & Employment Law Blog
On August 10, 2020, the District Court for the District of New Jersey in Bramshill Investments, LLC v. Ashley Pullen, 2:19-cv-18288 (D.N.J. August 10, 2020) recently considered a motion to dismiss a complaint against an employee who allegedly misappropriated Bramshill’s trade secrets. The District Court denied defendant’s motion in part, holding that Bramshill sufficiently pled causes of action for violations of the Defense of Trade Secrets Act, the New Jersey Trade Secrets Act, breach of contract, and breach of the duty of loyalty.08.19.2020
Crossing State Lines: Road Tripping with Amazon and Interstate Commerce
Labor & Employment Law Blog
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).08.18.2020
Don’t Fear The Click-Box: NJ Supreme Court Upholds Electronic Employee Arbitration Agreements
Labor & Employment Law Blog
On August 18, 2020, in a landmark decision for employers, the New Jersey Supreme Court released its long-awaited opinion in Skuse v. Pfizer (A-86-18) (082509), holding that an employee must arbitrate her employment discrimination claims agreed to in an electronic employee arbitration agreement. The decision reverses the Appellate Division’s January 2019 decision, which had imposed heightened requirements on employers obtaining employees’ assent to arbitration agreements.
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