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EEOC and DOJ warn that use of AI tools in employment decisions can violate ADA

The Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) have each issued substantively similar technical assistance documents explaining how employers’...


NLRB general counsel urges Board to flip-flop on workplace rules standards

Section 7 of the National Labor Relations Act (Act) gives employees the right “to engage in . . . concerted activities for the purpose of . . . mutual aid or protection.” One...


NJ appellate court affirms: FAA preempts NJLAD prohibition on arbitration agreements

In 2019, New Jersey amended its Law Against Discrimination (NJLAD) to include a provision purporting to ban agreements requiring employees to arbitrate claims arising under the NJLAD...


NLRB general counsel issues guidance on bargaining obligations in relation to OSHA ETS

On November 10, the National Labor Relations Board (NLRB) Office of the General Counsel (GC), issued a memorandum with its position on unionized employers’ bargaining obligations when ...


Second Circuit lifts injunction on NY health care vaccine mandate

On October 12, 2021, a court in the Northern District of New York preliminarily enjoined the New York State Department of Health’s (DOH) COVID-19 vaccination rule for healthcare...


New York dramatically expands whistleblower protection law with sweeping amendments

On October 28, 2021, New York Governor Kathy Hochul signed legislation enhancing the protections available to individuals who claim retaliation for reporting alleged employer wrongdoing.


NLRB General Counsel seeks to further shake up college sports

Earlier this month, the General Counsel of the National Labor Relations Board issued a memorandum declaring that private college athletes should be considered “employees” under...


Recent New Jersey laws aim to combat worker misclassification

Building on efforts that began early in his tenure, Governor Murphy of New Jersey recently signed four bills into law that expand the power of the state to identify and combat alleged...


Pre-dispute employment arbitration agreements are enforceable in New Jersey, according to a recent ruling

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...

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