Recent Blog Posts
- NJ Governor Permits Hair Salons and Other Personal Care Services Facilities to Reopen on June 22, 2020, Provided They Comply with Health Safeguarding Requirements On June 13, 2020, New Jersey Governor Phil Murphy signed Executive Order 154 (“EO 154”), permitting the reopening of “personal care service facilities,” at 6:00 a.m. on June 22, 2020, provided the facilities comply with mandated social distancing and other health safeguarding requirements. Specifically, EO 154 covers, “cosmetology shops; barber shops; beauty salons; hair braiding shops; nail salons; electrology facilities; spas, including day spas and medical spas, at which solely elective and cosmetic medical procedures are performed; massage parlors, tanning... More
- Supreme Court of California Holds That Claims Under the UCL and FAL for Civil Penalties Do Not Guarantee a Jury Trial On April 30, 2020, the California Supreme Court (“Court”) ruled that claims brought pursuant to California’s Unfair Competition Law (“UCL”) and the False Advertising Law (“FAL”) are not entitled to a jury trial.
In Nationwide Biweekly Administration, Inc. et al., v. The Superior Court of Alameda County, the federal Consumer Financial Protection Bureau (“CFPB”) brought an action against Nationwide Biweekly Administration, Inc. (“Nationwide”) and others, alleging that Nationwide and the other defendants falsely advertised their services and as a result operated... More
- California Court of Appeals Finds Uninvolved Joint Employers Are Innocent Bystanders, Cannot Be Held Liable for Harassment and Discrimination Claims On April 7, 2020, the California Court of Appeals (the “Court”) upheld summary judgment for two professional employer organizations (referred to in the decision as a “staffing agencies”) accused of harassment and discrimination by one of its “leased” employees. In Ducksworth v. Tri-Modal Distribution Services, the Court found that joint employers—and more specifically staffing agencies—cannot be held liable for harassment and discrimination claims absent a showing that they participated in or were involved in the alleged wrongful conduct.
Plaintiffs Bonnie Ducksworth... More
- EEOC Adds COVID-19 Testing Guidance to Its Technical Assistance on COVID-19 and Anti-Discrimination Laws On the heels of adding Return to Work guidance to its technical assistance for employers, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Law” (discussed here), on April 23, 2020 the Equal Employment Opportunity Commission (“EEOC”) issued an update addressing COVID-19 testing by employers. This latest guidance acknowledges that COVID-19 presents a direct threat to the health of others sufficient to justify testing. It cautions, however, that employers should only use tests that are... More
- EEOC Addresses ‘Return to Work’ Issues and Clarifies ‘Undue Hardship’ in New Guidance on COVID-19 and Antidiscrimination Laws On April 17, 2020, the Equal Employment Opportunity Commission (“EEOC”) once again updated its technical assistance for employers, titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”
Previously, the EEOC (i) on March 17, 2020, issued initial guidance on COVID-19 in a series of Frequently Asked Questions (“FAQs”) (discussed here) (ii) on March 19, updated its publication titled “Pandemic Preparedness in the Workplace and the Americans With Disabilities Act,” to address issues specifically concerning... More
- New Jersey Further Amends the State’s Family Leave Act to Expand COVID-19-Related Job Protected Leave On April 14, 2020, New Jersey Gov. Phil Murphy signed legislation (S2374) (the “Law”), amending the New Jersey Family Leave Act (“NJFLA”) leave. Under the Law, which repeals and replaces a March 25, 2020 amendment to the NJFLA about which we wrote here, eligible employees will be entitled to job protected leave to care for a family member as a result of an epidemic of a communicable disease, or efforts to prevent spread of a communicable disease, which:
(a) requires in-home... More
- New Jersey Amends State WARN Act to Exclude COVID-Related Layoffs and to Postpone the Effective Date of Mandatory Severance On April 14, 2020, New Jersey Governor Phil Murphy signed into law a new amendment (“New Amendment”) to the New Jersey Millville Dallas Airmotive Plant Job Loss Notification Act, commonly referred to as the New Jersey WARN Act (“NJ WARN Act”), which was modified in January of this year, to among other things, require payment of severance to eligible employees who suffer a NJ WARN Act covered termination of employment and to require 90 days’ notice of such terminations (the... More
- New Jersey DOL Issues Regulations Implementing COVID-19 Anti-Retaliation Law On March 20, 2020, New Jersey Governor Phil Murphy signed legislation (“Law”) prohibiting employers from taking any adverse employment action against employees who take, or request, time off due to an infectious disease that could affect others at work based on a written recommendation of a New Jersey licensed medical professional. The Law, which we summarized in a previous article, became effective upon enactment.
On April 1, the New Jersey Department of Labor and Workforce Development (“NJDOL”) adopted temporary emergency new... More
- NY Gov. Cuomo Reduces to Zero the Number of Employees Allowed to Report to Work to Nonessential Businesses In a news conference on March 20, 2020, New York Gov. Andrew Cuomo ordered all nonessential New York State private businesses and nonprofits to reduce their workforce reporting to work by 100% The announcement essentially amends Executive Order 202.6 (“Order”), issued by Gov. Cuomo on March 18, 2020, which required a 50% workforce reduction, by no later than March 20th at 8 p.m. (On March 19, 2020 Gov. Cuomo had announced a 75% required reduction, which has now been superseded).
- The EEOC Issues Reminder and Guidance Regarding ADA and Rehabilitation Act Compliance During Pandemic On March 17, 2020, the Equal Employment Opportunity Commission (EEOC) posted an article on its website, “What You Should Know About the ADA, the Rehabilitation Act, and COVID-19.” The article confirms that workplace anti-discrimination laws enforced by the EEOC remain applicable, but that nothing in those laws interferes with or prevents “employers from following the guidelines and suggestions made by the CDC or state/local public health authorities about steps employers should take regarding COVID-19.”
In addition, the article provides a link to guidance... More