On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule (the “Rule”) banning noncompete clauses between workers and employers, deeming them “unfair method[s] of competition” under Section 5 of the FTC Act. The Rule was passed by a 3-2 vote split along party lines. The Rule comes [...]
In March 2019, the New Jersey legislature again exposed its wokeness by amending the New Jersey Law Against Discrimination (NJLAD) to, in effect, remove from arbitration any employee claim relating to discrimination, retaliation, or harassment. Accordingly, any freely negotiated arbitration arrangement governing these claims was null and void per the [...]
As businesses start to arise from the Covid fog and move back into true office environments, some employers are grappling as to whether they can mandate that their employees get a Covid-19 vaccine (the “Jab”). The short, general, answer is yes absent a medical or religious exemption. However, mandated Jabs [...]
The Occupational Safety and Health Act of 1970 (the “OSH Act”) is the primary federal law that governs occupational health and safety in the private sector and federal government. The OSH Act is administered by the Occupational Safety and Health Administration (“OSHA”) and covers most private sector employers and their employees. When a [...]
I’m amazed at how many times an ex-employee acknowledges that they have executed a restrictive covenant agreement (a non-compete or non-solicitation agreement), then utters that it’s meaningless due to unenforceability. This Alfred E. Neuman / “What, Me Worry” approach often leads to problems for both the sophomoric ex-employee, as well [...]
Under the Affordable Care Act (i.e. ObamaCare) penalties are imposed on “large employers” (i.e. those with 50 or more full time employees) if any “full time” employee receives a tax subsidy to assist in buying health insurance. For employers in the staffing industry, who bring on w-2 employees to staff [...]
In 2000, I became the General Counsel for Starpoint Solutions, LLC a technology engineering company headquartered in New York City specializing in IT staff augmentation, application development and product integration. In my role as General Counsel for Starpoint Solutions, I was in charge of all legal aspects of their operations, [...]
Last month I blogged that the National Labor Relations Board (“NLRB”) had issued a final rule requiring companies to post in the workplace notices to employees about their rights to join a union. Under the rule, such notice was to be posted by November 14, 2011. Given the coverage scope [...]
Earlier this month, representatives of the Staffing Industry urged Congress to repeal the Patient Protection and Affordable Health Care Act (“ObamaCare”) that was signed into law in March of last year. Under ObamaCare, employers with 50 or more full-time workers are required to offer a minimum mandated coverage or pay [...]
Top level domains (“TLD”), such as .com, .net and .org are about to have another bedfellow – the .xxx domain name extension. These .xxx domains are intended to be utilized solely for hosting adult oriented websites. But, this new TLD has a lot of entities worried about having their company [...]