News & Updates

  • On August 2, 2023, the National Labor Relations Board issued its long-anticipated decision in the Stericycle case. Employer policies and work rules will come under greater scrutiny. Any rule or policy that an employee would reasonably perceive as tending to have chilling effect on protected collective activity will be presumptively unlawful unless the employer can prove (a) the rule or policy advances a legitimate and substantial business interest and (b) the employer is unable to advance that interest with a…

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  • New Requirements Effective July 31, 2023, the New Jersey Unemployment Compensation Act, N.J.S.A. 43:21-6, will require employers to follow new reporting procedures when an employee separates from employment. Employers will be required to provide the New Jersey Department of Labor Divisions of Employer Accounts and Unemployment Insurance (the “Division”) with specific information, through electronic filing, regarding the employee’s separation from employment immediately upon the employee’s separation, regardless whether the employee resigned, was terminated, or was laid off. The Division has…

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  • A decision of the National Labor Relations Board issued on February 21, 2023, will have a significant impact on private sector employers who include confidentiality and non-disparagement provisions in severance, separation, or settlement agreements with their non-supervisory, non-managerial employees. The mere offering of an agreement containing an “overbroad” confidentiality or non-disparagement provision is unlawful, regardless whether the provision is offered in good faith, whether the employee accepts the provision voluntarily, or whether the employee receives substantial consideration in exchange for…

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  • UPDATE: On February 17, 2023, the high court remanded the matter back to the special master for reconsideration under a new legal standard. Little assistance appears to be coming from the Legislature. There are no fewer than nine bills pending that would allow certain classes of safety-sensitive employees to be prohibited from off-duty cannabis use, or that would remove the WIRE requirement for assessing workplace impairment. None of those bills has moved out of committee. It is inevitable that cases…

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  • Jim Prusinowski appeared with host Erin Bruche on RVN’s Legal Breakdown, which aired on August 31, September 1 and September 3.  They reviewed issues that impact business owners while engaging in day-to-day operations and managing personnel.  Jim shared his experience with classifying independent contractors and responding to Department of Labor audits and claims. They reviewed the benefits of including restrictive covenants in employment agreements for sales personnel and high-level employees. Finally, they discussed the importance of monitoring business reputation and…

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