Published: August 15, 2018

A New Jersey federal judge recently held that an employer did not discriminate against an employee on the basis of a disability when it refused to waive a drug testing requirement as an accommodation for the employee’s medical marijuana use.

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Published: August 10, 2018

On August 1, 2018, Massachusetts legislators passed a bill that would require employers to provide garden leave when enforcing non-compete agreements with former employees. Garden leave is a concept that keeps former employees on the payroll to prevent them from working for competitors during a restricted period.

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Published: July 19, 2018

On July 3, 2018, the Third Circuit issued an opinion in Minarsky v.

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Published: July 12, 2018

Earlier this year, several New Jersey Senators introduced Bill S121 aimed at prohibiting provisions in employment contracts or settlement agreements which have "the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment."  This Bill not only seeks to prohibit non-disclosure provisions which often appear in sexual harassment settlements, but also to prohibit the waiver of "any substantive or procedural right relating to a claim of discrimination, retaliation, or harassment."  Having been passed by the Senate by a vote of 34-1 o

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Published: June 29, 2018

On Wednesday, June 27, 2018, the U.S. Supreme Court ruled that public-sector employees who choose not to join the union that represents them cannot be forced to pay "agency fees" to cover the union's costs of representation.  Janus v. American Federation of State, County, and Municipal Employees, Council 31, et al., U.S., No. 16-1466 (June 27, 2018). This decision overturns a 41-year-old precedent that had found such fees to be constitutional.

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Published: June 27, 2018

Early this week, a majority of Washington, D.C. voters approved a ballot initiative called the "District of Columbia Minimum Wage Amendment Act of 2017" or "Initiative 77," which will gradually raise the minimum wage for tipped workers in the District until it reaches $15 per hour in July 2025.

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Published: June 14, 2018

On June 6, 2018, National Labor Relations Board General Counsel Peter Robb released a guidance on how to apply the new employee handbook standard established by the Board in its December 2017 Boeing decision.  In Boeing, the NLRB overturned its 2004 Lutheran Heritage Village-Livonia standard, which, when applied, invalidated many civility, confidentiality and other workplace policies and rules.

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