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Articles by Charles Shute
New York City Set to Ban Discrimination in Employment Based on Weight and Height | JD Supra
If all goes to plan, New York City will soon join six other cities and a state that have enacted legislation banning employers from discriminating against applicants and employees on the basis of their height or weight. Such a move is intended to eliminate career barriers that may have previously left opportunities out of reach to many.
Federal Trade Commission Proposes a Nationwide Ban on Non-Compete Agreements | JD Supra
A huge change could be coming to the enforceability of non-compete agreements—and it might be very bad news for employers who rely on such agreements to protect their businesses. On January 5, 2023, the Federal Trade Commission (“FTC”) released a new proposed rule that—if finalized—would ban a broad variety of non-compete agreements and contract terms between employers and workers.
Here We Go Again: NLRB Proposes to Re-Re-Define the Joint Employer Test | JD Supra
For the third time in less than ten years, the National Labor Relations Board (“NLRB”) stands ready to alter the “Joint Employer” test. Its stated motive this time is to provide a “clear standard for defining joint employment that is consistent with controlling law.” A cynic would be forgiven for wondering if this proposal has little to do with providing “clarification,” as this is just the latest example of the political back-and-forth in labor and employment law at the federal level.
Waiving Goodbye: Supreme Court Says Prejudice No Longer Required to Establish Employer Waived Right to Arbitrate Employee’s Claims | JD Supra
Employers sometimes favor resolving disputes with their employees in arbitration as opposed to in front of a jury. Such a private tribunal may streamline discovery procedures, offer a quicker resolution, and, theoretically, avoid the uncertainty and appeals to emotion inherent with allowing a jury to decide an employment dispute such as a discrimination claim.
[Event] HR Legalist Live Presents: Remote Work, Wages, Marijuana and More: Tips for Navigating the New Workplace - June 15th, Philadelphia, PA | JD Supra
Join our labor and employment team on Wednesday, June 15, 2022, at noon, as they bring their popular blog HR Legalist to life. As the dust continues to settle after a tumultuous two years, the modern workplace has been forever changed, with an increase of remote work and an expectation of more flexibility for employees. On top of all this, state-by-state trends, such as the liberalization of marijuana laws and the crackdown on non-compete agreements, have continued at a steady pace.
States Turn to Greener Pastures: What This Means for Cannabis and the Workplace | JD Supra
Last month, New Jersey joined the budding list of states to legalize recreational cannabis. In fact, as of this post, only three remaining states do not permit either recreational or medical cannabis use (with the federal government’s ongoing “Schedule 1” controlled substance designation providing a notable fourth buzzkill).
New Jersey Supreme Court Could Upend The State’s Real Estate Industry | JD Supra
The notorious “ABC” test continues to rear its head across the nation. This strict, worker-friendly test that is used to determine whether a worker is properly classified as an independent contractor as opposed to an employee has risen to fame primarily in California, with the Biden Administration close behind touting its intent to implement the test at the federal level.
The Supreme Court of Pennsylvania Takes Significant Step To Remove “Employers” From The List Of Species Protected from Poachers | JD Supra
Thanks to a recent ruling by the Supreme Court of Pennsylvania, workers in the Commonwealth are now more likely to be considered “fair game” to other potential employers, even in the presence of an agreement otherwise between the current employer and the suitor. Those agreements, commonly referred to as “no poaching” agreements, now face more probing scrutiny in light of the Court’s decision in Pittsburgh Logistics Systems, Inc. v. Beemac Trucking, LLC (“PLS”).
Biden-Harris Administration UPDATE: What to Look Out for in the Upcoming Weeks and Months | JD Supra
March 2021 has been a busy month in Washington, D.C. In addition to the passage of the American Rescue Plan (which includes tax updates relevant to employers), there have been three notable developments in the labor and employment arena. First, on March 5, 2021, President Joe Biden fired Sharon Gustafson, the Trump-appointed general counsel of the United States’ Equal Employment Opportunity Commission (EEOC) after Gustafson refused to resign because her term did not expire until 2023.
Federal Court Fires a WARNing Shot at Employer Over COVID-related Layoffs on Short Notice | JD Supra
Under the Worker Adjustment and Retraining Notification Act of 1988 (“WARN Act”), employers with more than 100 employees are generally required to provide a minimum of sixty (60) days’ notice prior to a plant closing or mass layoff that would result in an employment loss of at least 50 or more full-time employees at a single site of employment.
The Pendulum is Officially Swinging: Biden’s Early Changes and How They May Impact Employers | JD Supra
As HR Legalist predicted, President Biden is taking steps to swing the pendulum in an employee-friendly direction. While implementing substantive changes may take some time in light of the administrative procedures required, President Biden’s actions in his first few hours in office show that meaningful changes are on the way. In his first few days as Commander-in-Chief, President Biden has taken two particularly notable actions.
Transition Update: A Look at President Biden’s Plans for Sick Pay and Minimum Wage | JD Supra
Newly inaugurated President Joe Biden recently outlined his plans to hit the ground running in his first 100 days in office, including a $1.9 trillion spending bill that he hopes the Democrat-controlled Congress will pass quickly.
Political Speech in the Workplace: Navigating a Rocky Political Climate in a Private Workplace | JD Supra
Recent events in Washington D.C. and elsewhere have heightened tensions across the United States and led to renewed questions from employees and employers regarding how to respond to political speech inside (and outside) the workplace. Whether or not employers can—or should—take action in response to employee political speech is a complex question with several moving parts. 1. The Public/Private Employer Distinction The Supreme Court’s 1968 decision in Pickering v.
The Journey to $15.00 Minimum Wage | JD Supra
On Friday, January 1, 2020, New Jersey’s minimum wage increased to $12.00 per hour, pursuant to the bill that had been executed by Governor Phil Murphy back in 2019. The long-term purpose of this law is to gradually increase the minimum wage by $1.00 per hour each year until it reaches $15.00 per hour on January 1, 2024. New Jersey is not alone in this pursuit.
Providing COVID-19 Leave In 2021: It’s An Option | JD Supra
On December 27, 2020, President Trump signed the Consolidated Appropriations Act, providing funding for the government as well as COVID-19 relief. Among other provisions relevant to businesses (summarized here), the legislation does not extend the Families First Coronavirus Response Act (“FFCRA”), which is set to expire on December 31, 2020.
Freelancing During the Biden Administration: Will the “ABC” Test Go Federal? | JD Supra
Fourth in a Series of Blogs Regarding the Presidential Transition On January 1, 2020, AB-5 went into effect in California. The law, which had gig workers such as Uber and Lyft drivers squarely in its sights, sought to extend the benefits of a W2 employment relationship to a wide swathe of freelance workers.
Paid Leaves Happen in Philadelphia: New Amendment Requires Additional COVID-19 Emergency Leave to Employees | JD Supra
Philadelphia Mayor Jim Kenney recently signed an amendment to Philadelphia’s paid sick leave law, which provides paid leave to workers not already covered by the Families First Coronavirus Response Act (“FFCRA”). Companies who are not covered by the FFCRA – such as “gig economy” employers and health care providers – should pay close attention to the new provisions, which are summarized below.
Trump’s Payroll Tax Delay: A Conundrum for Employers | JD Supra
On August 8, 2020, President Trump signed a presidential memorandum deferring certain payroll tax obligations for employees from September 1 through December 31, 2020. The memo permits employees to defer payment of the 6.2% Social Security tax that is withheld by their employers from each paycheck, and applies to employees who generally earn less than $4,000 pre-tax every two weeks ($104,000 yearly).
Arbitration Update: Federal Judge Prohibits California’s Mandatory Employee Arbitration Ban | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Misclassification “Double Whammy”: New Jersey Hands the Gig Economy Two Pieces of Bad News | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Employment Arbitration Agreements in California: A Soon-To-Be Relic? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
DOL Finalizes Overtime Rule With Brief Window For Compliance | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Welcome to the Machine(s): Can AI Save Employers From Discrimination or Retaliation Allegations? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
The Tug-Of-War Continues: DOL Proposes New Rule to Provide a Clear Definition of “Joint Employer” Under the Fair Labor Standards Act | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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