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.
Oct 04 2024
Employer's Legal Resource Newsletter | July-September 2024 10.04.2024 Employer's Legal ResourceWelcome to the July-September edition of our Employer's Legal Resource Newsletter! We are excited to share this newsletter to provide you with news and tips on navigating the complex landscape of employment law. We hope you find this edition both informative and beneficial to your organization's success. Click “Read More” to get the second edition of the Employer's Legal Resource Newsletter.
Oct 01 2024
To Train or Not to Train? -That is the Question. The Answer is TRAIN! 10.01.2024 Employer's Legal ResourceNeither Title VII of the Civil Rights Act of 1964 nor the New Jersey Law Against Discrimination require employee or managerial training on discrimination, harassment, or retaliation. Just because it is not required, does that mean employers should not provide training? No!
Sep 24 2024
A Cautionary Tale for Employers: Mandatory EAP Attendance May Violate the Americans with Disabilities Act 09.24.2024 Employer's Legal ResourceAn Employee Assistance Program (“EAP”) is a program offered by an employer that may provide confidential psychological assessment, counseling, referrals and other services to employees who have personal and/or work based problems. A recent case, EEOC v. Weis Supermarkets, reinforces for employers that employees cannot be required to attend an EAP without the employer running afoul of the rules regarding medical testing under the Americans with Disabilities Act (“ADA”).
Sep 17 2024
Increased Protections for Immigrant Workers Across New Jersey 09.17.2024 Employer's Legal ResourceOn August 8, 2024, New Jersey lawmakers passed legislation to provide immigrant employees with greater protections under the law. The new law, effective immediately, subjects employers to fines and penalties for using an employee’s immigration status as a means to retaliate against them for raising concerns or complaints about their employment.
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