Photo of David J. Baron

On March 18, 2019, New Jersey amended the New Jersey Law Against Discrimination (NJLAD) to include a provision that rendered unenforceable any “provision in an employment contract that waives any substantive or procedural right or remedy relating to a claim of discrimination, retaliation, or harassment.” On August 30, 2019, business advocates filed a lawsuit in

We would like to share this Chicago Tribune article—‘PTO Bomb’ as vacation-starved employees make time-off requests.— featuring a quote and commentary by Hogan Lovells employment lawyer David Baron.  As we predicted in our April 8, 2020 blog post on the topic (re-posted below), this article discusses the issues employers face, and what they can and should consider, as they brace for a deluge of employee requests for paid time off.

Continue Reading COVID-19 considerations: vacation and PTO

On Thursday, June 18, the Occupational Safety and Health Administration (OSHA) published a pamphlet with “guidance to assist employers and workers in safely returning to work and reopening businesses deemed by local authorities as ‘non-essential businesses’ during the evolving [COVID-19] pandemic.”  OSHA states that the guidance does not create new legal obligations and instead is advisory. OSHA’s guidance tracks the three reopening phases identified by the White House in its “Opening Up America Again” guidelines, which in turn are based on proposed state or regional gating criteria.
Continue Reading OSHA issues return-to-work guidance for non-essential businesses

The U.S. Equal Employment Opportunity Commission (EEOC) enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act. This week, the EEOC twice updated its webpage for “What You Should Know About the ADA, the Rehabilitation Act, and COVID-19” to include additional guidance with respect to job applicants and employees. As for employees, the EEOC (relying on its existing “Pandemic Preparedness in the Workplace and the Americans with Disabilities Act” guidance) has now clarified that it is not a violation of the ADA for employers to:
Continue Reading EEOC releases guidance regarding employees, applicants, and COVID-19

Governor Cuomo is sending new legislation related to the coronavirus to New York State lawmakers today. The legislation would protect employees who are required to stay home from work because they are being isolated or quarantined as a result of the COVID-19 coronavirus.
Continue Reading New York State Governor Cuomo to send coronavirus protections under New York State Paid Sick Leave Act to legislature

Last week, New Jersey Governor Phil Murphy signed an amendment to the New Jersey WARN Act, dramatically expanding the Act’s reach.  Effective July 19, 2020, the amendment makes the Act one of the most stringent state WARN acts in the country.

Here are the key changes:

  1. WARN is now triggered by any termination of 50

Employers beware: New Jersey’s salary history ban, signed this past summer, takes effect on January 1, 2020.  On that date, New Jersey will join several other states (including New York and California) by prohibiting private employers from inquiring about an applicant’s compensation history, including salary, wages, commissions, benefits and other compensation.

The law provides for