Blog and Alerts

Dec 11 2024

Evaluating Religious Accommodation Requests: Are Employers Using the Right Standard? 12.11.2024 Employer's Legal ResourceAn employer can deny a request for an accommodation based on an employee’s religious beliefs if the request imposes an “undue hardship” on the employer.  Although this remains the law, the definition of “undue hardship” has changed.  Prior to 2023, an “undue hardship” was defined as “more than a de minimis” (very small or trifling) cost on an employer. This was a low bar for employers to meet, and made it relatively easy for an employer to deny a religiously based accommodation request. A new standard was established in 2023 which makes it much more difficult to deny an employee’s request to be accommodated on the basis of religion.

Dec 11 2024

Are We CTA-ing Goodbye to the Corporate Transparency Act? Federal District Court Issues Nationwide Injunction 12.11.2024 Health Law Check UpOn December 3, 2024, United States District Court Judge Amos Mazzant issued a nationwide order enjoining the Corporate Transparency Act (CTA), a law which required nearly all types of corporate entities to submit beneficial owner information to the Treasury Department.

Dec 02 2024

Employers Must Now Be Transparent about Pay and Benefits in Job Posts 12.02.2024 Employer's Legal ResourceNew Jersey passed a new law requiring employers to provide greater transparency in hiring and promotional opportunities by disclosing certain compensation and benefits information.

Nov 22 2024

Salary Minimum for Overtime Exemption Unenforceable 11.22.2024 Employer's Legal ResourceOn November 15, 2024, a federal court in Texas ruled that the Department of Labor had overstepped its authority when, in July, it increased the minimum salary for exempt employees. The July 1, 2024 increase to $844 per week ($43,888 annually) is void and the additional increase to $1,128 per week ($58,656 annually) that would have taken effect on January 1, 2025, is void. Finally, the automatic increases that were scheduled to occur every three years will not occur.  

Nov 15 2024

New Jersey Codey Law Amended to Allow for Streamlined Chemotherapy Treatments by Oncology Practices 11.15.2024 Health Law Check UpA newly enacted amendment to the New Jersey Codey Law now specifically allows for streamlined chemotherapy treatments by exempting from the law certain referrals to a pharmacy integrated with an oncology practice.

Nov 12 2024

Challenge to Charity Care Heads to the New Jersey Supreme Court 11.12.2024 Health Law Check UpIn a surprise twist, following rejection at the Appellate Division earlier this Summer, a group of fourteen New Jersey hospitals will now have their challenge to the legality of New Jersey charity care requirements heard by the New Jersey Supreme Court. 

Oct 24 2024

New York Nurse Practitioners Sue for Equal Pay to Physicians 10.24.2024 Employer's Legal ResourceOn September 17, 2024, a federal class action lawsuit was filed by New York-licensed nurse practitioners alleging that while they perform the same duties as medical doctors, they are illegally paid lower wages. The suit – Burns v. State of New York, 5:24-cv-01132, filed in the US District Court for the Northern District of New York – further alleges that gender discrimination is at play, since at least eighty percent (80%) of nurse practitioners are female.

Oct 22 2024

Free Speech In The Private Workplace 10.22.2024 Employer's Legal ResourceIf you are a private employer, chances are you have had an employee claim that their constitutional “right to free speech” has been violated.  Such a complaint begs the question: Do employees have free speech rights in a privately owned workplace? The answer is that employees who work for private employers do not have a constitutional right to free speech. The First Amendment’s guarantee of free speech addresses the rights of citizens regarding their relationship to the government.  An employer can limit free speech; however, there are constraints on how much employee free speech may be regulated.  Private employers must make sure that the limits they impose on employee speech do not take away an employee’s right to speak out about violations of any of the employment laws or to engage in “concerted activity.” 

Oct 21 2024

FTC appeal of Ryan LLC v. Federal Trade Commission 10.21.2024 Health Law Check UpThe saga involving the controversial Federal Trade Commission (“FTC”) regulations banning most post-employment non-compete restrictions continues on.  As we previously advised, in August of this year, the United States District Court for the Northern District of Texas struck down the regulations shortly before they were to become effective. It was unclear whether the FTC was going to appeal that ruling (Ryan LLC v. Federal Trade Commission). Now, on October 18th, the FTC has formally appealed, filing a notice of appeal in the Fifth Circuit.

Oct 16 2024

Think Twice: Do Reimbursable Expenses Impact Wages? 10.16.2024 Employer's Legal ResourceMany employees incur expenses personally in connection with their employment. Employers typically have a policy concerning employee reimbursement for business-related expenses. As a result, generally speaking, reimbursable expenses are not considered wages.