Blog and Alerts

Feb 19 2025

Smith preliminary injunction has been stayed - the CTA is BACK 02.19.2025 Health Law Check UpOn February 17, 2025, in a decision by the U.S. District Court for the Eastern District of Texas in Smith, et al. v. U.S. Department of the Treasury, et al., 6:24-cv-00336 (E.D. Tex.), beneficial ownership information (BOI) reporting requirements under the Corporate Transparency Act (CTA) are, once again, back in effect. FinCEN, has provided most entities with a March 21, 2025 filing deadline.

Feb 13 2025

What An Employer Should Do if ICE Conducts an Unannounced Visit to Its Workplace 02.13.2025 Employer's Legal ResourceMany employers these days are becoming increasingly concerned about the possibility that their workspace may be visited by Immigration and Customers Enforcement (“ICE”). ICE agents may arrive at an employer’s office or building without warning as part of an investigation to attempt to search and seize property and/or to try to find and/or detain a particular person. It is important for employers to have a plan in place for such a situation, including a written policy.

Feb 11 2025

Negotiating False Claims Act (FCA) Cases for Pharmacies: Key Strategies for an Effective Defense 02.11.2025 Pharmacy Law ResourcePharmacies play a critical role in the U.S. healthcare system, providing essential medications to patients and facilitating access to life-saving treatments. However, as healthcare spending continues to rise, pharmacies increasingly face scrutiny by the U.S. government for potential violations of the False Claims Act (FCA). The FCA is frequently leveraged to address concerns about false billing or misrepresentations of services.

Feb 10 2025

H-1B Cap Lottery for FY 2026: What You Need to Know 02.10.2025 Employer's Legal ResourceCorporations and companies looking to bring in new professional talent from overseas may want to utilize the H-1B Visa Category, which covers those positions that would normally require a Bachelor’s Degree. If your company is interested in these hires, they must prepare to act very soon. There is a lottery to get a visa in this category and there is more demand than visas available. 

Feb 06 2025

Fifth Circuit Strikes the DOL’s Rule Prohibiting Employers from Claiming a Tip Credit When an Employee Work on Tasks That are Not Tip-Generating 02.06.2025 Employer's Legal ResourceThe U.S. Court of Appeals for the 5th Circuit recently held that the Department of Labor’s 2021 rule setting strict limits on the amount of time tipped employees could spend performing non-tip generating tasks has been struck down as arbitrary and capricious. The 5th Circuit found the rule to be inconsistent with the Fair Labor Standards Act (FLSA), which allows the tip credit for any employee who is engaged in an occupation that customarily and regularly receives tips, regardless of the specific duties of that occupation.

Jan 29 2025

New York State Provides Paid Prenatal Care Leave 01.29.2025 Employer's Legal ResourceEffective January 1, 2025 all pregnant workers in New York became eligible for up to 20 hours of paid leave per year (defined as a 52-week period), to receive prenatal care. (Paid Prenatal Leave Law “PPLL”). This leave is separate from and unrelated to other types of paid family or sick leave benefits. The guidance (NY DOL FAQ regarding PPLL) states that “[a]n employer cannot require an employee to choose one leave type over another or require an employee to exhaust one type of leave before using Paid Prenatal Leave.”

Jan 24 2025

Supreme Court lifts Preliminary Injunction, but the CTA still remains Enjoined 01.24.2025 Health Law Check UpThis alert updates and modifies our prior alert regarding the Corporate Transparency Act. In continuation of the ongoing on-again, off-again injunction regarding enforcement of the Corporate Transparency Act (CTA), on January 23, 2025 the United States Supreme Court issued a stay of the prior injunction from the Fifth Circuit. 

Jan 23 2025

Employer's Legal Resource Newsletter | October-December 2024 01.23.2025 Employer's Legal ResourceAs we enter 2025, New Jersey employers should take the time to review key legislative and administrative changes in employment law, as these updates could impact your organization’s practices. We hope you find this edition both informative and beneficial to your organization's success. Click “Read More” to get the latest edition of the Employer's Legal Resource Newsletter.

Jan 22 2025

How Long Does An Employer Have To Respond To An Employee Request For A Reasonable Accommodation? 01.22.2025 Employer's Legal ResourceNew Jersey employers know that under the Americans with Disabilities Act (“ADA”) and the New Jersey Law Against Discrimination (“NJLAD”), employees can request reasonable accommodations to perform their jobs. While employers must respond to these requests, neither law specifies a time frame for a response. However, if an employer delays too long in responding, they may be seen as denying the accommodation, potentially violating disability laws.

Jan 07 2025

Employment Law Update: NLRA and NLRB Disfavor Restrictive Covenants 01.07.2025 Employer's Legal ResourceOver the past several years, in an effort to align with the protections afforded to employees under the National Labor Relations Act (“NLRA”), the National Labor Relations Board (“NLRB”) has opposed restrictive covenants. By way of background, in May 2023, the General Counsel to the NLRB issued Memorandum GC 23-08, highlighting the status of restrictive covenants under the NLRA. The memo maintains that non-compete agreements (and many non-solicitation agreements), with few exceptions, should be deemed unlawful because they have the power to “chill” employees from engaging in activities protected under Section 7 of the NLRA, which guarantees employees certain rights, including the right to organize, bargain collectively and participate in other concerted activities for mutual aid or protection.