Peter Frattarelli and Simone Adkins Co-Author NJLJ Article “What’s the Law? Attorney-Client Privilege and Work Product Doctrine in Internal Investigations”
Archer Employment Law
by Labor & Employment Group
4M ago
Archer attorneys, Peter Frattarelli and Simone Adkins, co-authored the New Jersey Lawyer article, “What’s the Law? Attorney-Client Privilege and Work Product Doctrine in Internal Investigations.” The attorney-client privilege analysis is never an easy one when internal investigations are conducted. In their article, Peter and Simone discuss navigating the complex waters of internal investigations when employers rely on the assistance of counsel. Often questions and confusion revolve around knowing what aspects of the investigation may be protected by the attorney-client privilege or work produ ..read more
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U.S. Supreme Court Issues Major Decision on Religious Accommodations and Forcing Employees to Work on Days of Observance
Archer Employment Law
by Labor & Employment Group
9M ago
(Click here to view the PDF) The United States Supreme Court issued a major decision at the end of its 2022/2023 Term, which will have far-reaching implications on any employer who tries to force employees to work on their day of religious observation (whether the Sabbath or otherwise). On June 29, 2023, in a rare unanimous decision, in Groff v. DeJoy, the U.S. Supreme Court set a new higher bar before an employer can force an employee to work on a day of religious observation. Going forward, employers will now face a bigger hurdle before they can force employees to work what is typi ..read more
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New York Aims to Become the Fifth State to Join the Non-Compete “Ban” Wagon
Archer Employment Law
by Labor & Employment Group
9M ago
(Click here to view the PDF) The New York State Assembly reconvened last month and passed a bill (A01278B) banning all non-compete agreements which, if enacted, would prohibit almost all new employee non-compete agreements, regardless of salary level or job function. Strikingly, the proposed legislation does not contain an exception for situations involving the sale of a business. The law will be applicable to contracts entered into or modified on or after the law’s effective date and does not void existing non-compete agreements. The bill and its Senate counterpart (S3100A) are currently ..read more
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Temporary Workers’ Bill of Rights Signed into Law
Archer Employment Law
by Meghan O'Brien
1y ago
(Click here to view printable PDF) On Monday, February 6, 2023, New Jersey Governor Murphy signed into law Assembly Bill, A1474, providing a number of far-reaching and new protections for temporary workers, and also imposing new requirements on temporary staffing agencies and their clients. The law is intended to help remedy the effects identified in studies and surveys finding that, generally, temporary workers are particularly vulnerable to abuse of their labor rights. The law follows the Governor’s veto in 2022 of an earlier version which had a much broader application. In response to his v ..read more
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The Proposed Workforce Mobility Act is Back Again, This Time with Gusto
Archer Employment Law
by Labor & Employment Group
1y ago
(Click here to view printable PDF) The legislative assault on non-competes that we have been reporting on continues. In a bipartisan federal bill introduced days ago, U.S. Senator Chris Murphy (D-Conn.) and U.S. Senator Todd Young (R-Ind.) have once again reintroduced the Workforce Mobility Act (Senate Bill 200 S200). While this bill was introduced last year, this year’s legislation would ban the use of non-compete agreements, with some limited exceptions. However, this proposed legislation not only reoccurs, but gets worse and goes further each year. This year, S200 goes even further than the ..read more
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“Audacious” Federal Trade Commission Proposed Rule Banning Non-Compete Agreements is Now Subject to Public Comment
Archer Employment Law
by Labor & Employment Group
1y ago
(Click here to view printable PDF) On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a rule that would ban non-compete agreements nationwide, as we wrote about in our recent alert. The proposed ban has been called “the most audacious federal rule ever proposed” representing a “breathtaking power grab over Noncompete Agreements,” among many other strong descriptions from legal pundits and commentators. In light of the virulent response to the proposed rule, and the historic consequences to employers and businesses in all industries if enacted, the FTC is seeking public comm ..read more
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New Court Decision Highlights Stringent Proofs Necessary to Establish Independent Contractor Status Under New Jersey Law
Archer Employment Law
by David A. Rapuano
1y ago
(Click here for printable PDF) The New Jersey Supreme Court just issued a decision once again highlighting the extreme difficulty businesses face when attempting to establish a worker has been properly classified as an independent contractor and not an employee. The Court, in East Bay Drywall, LLC v. Department of Labor (A-7-21) (August 2, 2002) strictly construed the requirements of the ABC test for determining if a worker is an independent contractor or an employee, making clear that meeting this standard will require that employers be able to actually prove that its workers or subcontractor ..read more
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NJ Court Holds First Amendment Does Not Protect Private Employees’ Free Speech Rights for Racially Insensitive Social Media Posts
Archer Employment Law
by Peter L. Frattarelli
1y ago
(Click here for printable PDF) The New Jersey Appellate Division prohibited a private employee from relying on freedom of speech to support her wrongful termination lawsuit. Specifically, the court found that a private employer had the authority to fire their at-will employee, Heather McVey, for making racially insensitive remarks about Black Lives Matter on her personal Facebook. The Court’s decision is rooted in the examination of whether or not the First Amendment, or its New Jersey counterpart, prevents a private employer from firing an employee because of racist remarks. Although the post ..read more
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While Courts Often Uphold Arbitration Awards, the Underlying Arbitration Agreement Faces a More Stringent Review When Challenged
Archer Employment Law
by Meghan O'Brien
2y ago
(Click here for printable PDF)  The Court of Appeals for the Third Circuit recently upheld an arbitration award finding that an employee must repay his former employer bonuses advanced to him. The employee attempted to overturn the award through the courts. However, two courts upheld the award, reminding litigants that they will face an uphill battle to overturn an arbitration decision. The decision also reminds employers of some of the benefits of executing arbitration agreements with their employees. Christopher Caputo (“Caputo”) worked for Wells Fargo Advisors, LLC (“Wells ..read more
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Summary of New Jersey Protection for Remote Employees
Archer Employment Law
by Scott Sears
2y ago
With many employers allowing their workers to work remotely, either full or part-time, the rules that apply to those remote employees are important for any employer to know. In New Jersey, two New Jersey laws, the New Jersey Law Against Discrimination (NJLAD) and the New Jersey Wage Payment Law (NJWPL), were both established to protect employees. As their names suggest, the NJLAD protects employees against discrimination, and the NJWPL provides employees with certain wage payment protections. Both are “remedial” in nature and “liberally construed” in favor of employees. However, they apply dif ..read more
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