Blog and Alerts

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.

Dec 27 2024

The Confusion Continues: Court Reverses Course and Halts CTA Reporting 12.27.2024 Health Law Check UpAs you may recall, on December 3, 2024, the District Court of the Eastern District of Texas issued a nationwide preliminary injunction halting enforcement of the Corporate Transparency Act (CTA) and its corresponding reporting rule. On December 23, 2024, the United States Court of Appeals for the Fifth Circuit issued a stay of the injunction thereby requiring reporting entities to comply with the CTA and the reporting rule.

Dec 24 2024

Preliminary Injunction Lifted and Reporting Deadline Extended to January 13, 2025 for Most Reporting Entities 12.24.2024 Health Law Check UpOn December 23, 2024, the United States Court of Appeals for the Fifth Circuit issued an order lifting United States District Court Judge Amos Mazzant’s preliminary injunction which enjoined the Corporate Transparency Act (the “CTA”). While the court is scheduling an oral argument on the matter, for the time being, entities which are required to report under the CTA are now required to comply with the act’s requirements.

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.