A recent decision issued by the Chief Judge of the United States District Court for the District of New Jersey is a reminder that not every employee who “blows the whistle” is a “whistleblower” protected under the New Jersey Conscientious Employee Protection Act (CEPA), and that the New Jersey Supreme Court’s gatekeeping instructions to trial courts in Dzwonar v. McDevitt (2003) are alive and well.
Continue reading “Not Every Whistleblower Is a “Whistleblower” under New Jersey’s CEPA”
As COVID-19 vaccine mandates by employers become more common, so do requests for exemptions. Requests for religious exemptions from COVID-19 vaccine mandates have forced many employers to make difficult decisions regarding the validity of the accommodation requests as well as whether and how to reasonably accommodate legitimate requests — while also meeting the obligation to maintain a safe and healthy workplace. Yesterday, the EEOC issued new guidance providing helpful insight regarding an employer’s obligation to grant requests for religious exemptions to COVID-19 vaccine mandates.
Continue reading “New EEOC Guidance Addresses Faith-Based Vaccine Exemptions”
California Gov. Gavin Newsom signed several laws in 2021 that are impacting or will impact how employers interact with and manage their employees. From confidentiality and nondisparagement provisions in settlement agreements to production quotas in warehouses, we examine the laws that have gone into effect and which laws employers need to begin preparing for over the next one to two years.
Continue reading “New California Laws for 2022: What Employers Should Know”
2021 continues the trend of increasing regulation of the workplace by state and local governments. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and upcoming legislative developments to help you and your organization stay compliant. (Please note that developments specifically related to minimum wage rates and COVID-19 are not included.)
Continue reading “State & Local Employment Law Developments: Q3 2021”
A divided three-judge panel of the Ninth Circuit Court of Appeals vacated the January 2020 preliminary injunction against enforcement of Assembly Bill 51 (AB 51), and upheld portions of the law that prohibited employers from making arbitration agreements a condition of employment. As a result of this decision, the Ninth Circuit has resurrected California Labor Code § 432.6, that bars businesses from requiring workers to arbitrate job-related claims. However, the court invalidated portions of AB 51 imposing civil and criminal penalties for mandating arbitration in violation of § 432.6.
The Safer Federal Workforce Task Force published guidance last week requiring certain federal contractors to implement COVID-19 safety measures. Most notably, the guidance directs federal contractors to ensure their employees are vaccinated and expands the directive to apply beyond employees directly or indirectly servicing federal contracts.