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Can an Employer Be Assessed Damages for the Loss of One’s Life’s Work? Posted on: June 21, 2021 In: Labor & Employment
The Massachusetts Supreme Judicial Court recently faced the question of whether an employer can be assessed damages for the loss of an employee’s life’s work. The court answered this question in the affirmative, upholding the trial award of an experienced cancer researcher, who received $10.2 million in damages against her former employer, Steward Health. The award represented the cost of reestablishing her research laboratory, lost as a result of the defendant’s unlawful breach of her employment contract.
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Tags:
massachusetts, employment law, damages, employee work product, healthcare
New York City Enacts the Retirement Security for All Act Posted on: June 14, 2021 In: Labor & Employment
On May 11, 2021, New York City enacted the “Retirement Security for All Act” (Bill Nos. 888-A and 901-A). The law establishes a retirement savings program for private employers with five or more employees if those employers do not otherwise offer employees a retirement plan, such as a 401(K), 403(B), or defined benefit pension plan.
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Tags:
new york city, retirement, employee benefits, 401k, pension
Using Artificial Intelligence to Track Growing Remote Workforce and Related Litigation Implications Posted on: June 11, 2021 In: Labor & Employment
The COVID-19 pandemic has changed the workplace, with the most notable change surrounding acceptability of long-term remote work. An April 2020 Gallup survey found that whereas 31% of respondent U.S. workers reported that they worked remotely between March 16 and March 19, that number grew to 62% between March 30 and April 2. By April 2, 59% of respondents stated that they desired to work from home as much as possible in the future.
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Tags:
artificial intelligence, human resources, technology, remote work, litigation, covid-19
You’ve Been WARNed! Amendments to the New Jersey WARN Act May Soon Go Into Effect Posted on: June 07, 2021 In: Labor & Employment
On January 21, 2021, New Jersey Governor Philip Murphy signed into law sweeping amendments to the New Jersey WARN Act, which could soon become the most expansive business closing/mass-layoff notification law in the nation. These amendments were delayed due to the COVID-19 pandemic, but could go into effect as early as September 11, 2021, so employers are encouraged to become familiar with the new requirements, outlined in this post.
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Tags:
new jersey, warn act, human resources, severance pay, layoffs, covid-19
How to Protect Your Investment in Employees in a Tight Labor Market Posted on: June 02, 2021 In: Labor & Employment
In a tight labor market, competitors will seek to hire experienced, fully trained employees to immediately fill much-needed roles. The loss of a such an employee can have an outsized impact on a department or business segment. Therefore, it is now more important than ever for employers to protect their investment in their workforce and act proactively to avoid these departures. Here are four tips to help you to grow your workforce during this tight labor market.
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Tags:
human resources, employee retention, at-will employment, employment contracts, non-competition, non-solicitation
I’ll See You in (Oregon) Court!: Oregon Court of Appeals Rules Employees Protected in Seeking Legal Advice About Employment Posted on: May 28, 2021 In: Labor & Employment
Rohrer v. Oswego Cove, LLC is the latest case to address whether a common law wrongful discharge claim is preempted by statute. The issue in the case was whether the action alleged by the plaintiff – seeking out legal advice about her employment – fell within the scope of any statute.
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Tags:
employment law, wrongful discharge, discrimination, retaliation, human resources
What Does Employment “At-Will” Mean? Posted on: May 28, 2021 In: Labor & Employment
An “at-will” employment relationship means the employment relationship can be terminated by either the employer or employee, at any time, for any reason or no reason at all (except an illegal reason). Except for the State of Montana, the at-will rule is the default rule in every jurisdiction in the United States. In other words, unless there is an agreement to the contrary, the common law presumes employment relationships to be “at-will.”
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Tags:
employment law, at-will employment, employment contracts, human resources
When Absence Makes the Boss Grow Madder: What to Do With Employees Whose Medical Leave Never Seems to End Posted on: April 22, 2021 In: Labor & Employment
One of the most vexing challenges employers face is how to handle employees who appear to be on an endless medical leave. Is an employer required to continue accommodating such a person, or does there come a point when enough is enough and the employer can lawfully terminate his or her employment? Unfortunately, the answer is not clear-cut. However, if they consider the following points, employers may be able to reduce the likelihood of a lawsuit.
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Tags:
medical leave, fmla, ada, reasonable accommodation, eeoc, human resources
Florida Governor Signs COVID-19 Liability Shield Posted on: April 20, 2021 In: Labor & Employment
On March 29, 2021, Florida Governor Ron DeSantis signed into law Florida Statute 768.38, granting significant protections to business entities, educational institutions, governmental entities, and religious institutions from claims related to COVID-19 if they made a good faith effort to follow guidelines to prevent the spread of the coronavirus. The new law aims to dissuade the filing of meritless claims for damages allegedly due to COVID-19 exposure in a few key ways.
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Tags:
florida, covid-19, liability shield, employment law
New York Joins Growing Trend of Marijuana Legalization, Welcomes New Protected Class Posted on: April 16, 2021 In: Labor & Employment
Joining other states on the marijuana bandwagon (most recently, New Jersey), New York has officially legalized recreational use of marijuana for adults aged 21 and older. The Cannabis/Marijuana Regulation and Taxation Act (MRTA), signed by Governor Cuomo on March 31, 2021, allows adults to possess, purchase, display, obtain, and transport marijuana in limited quantities, effective immediately. Of note for employers, the MRTA creates a new protected employee class.
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Tags:
new york, marijuana, mrta, protected class, employment law
California Employers Beware: 3 Things to Consider When Hiring Independent Contractors Posted on: April 08, 2021 In: Labor & Employment
In California, a person providing labor or services is presumed to be an employee, rather than an independent contractor, unless the hiring entity meets the elements of the strict “ABC Test” – a three-part test to show, among other things, that an employee is free from its control and performs work that is outside of its “usual course of business.” In order to avoid common pitfalls in hiring independent contractors, an employer should consider three important steps.
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Tags:
california, independent contractor, abc test, hiring, labor law
New Jersey Legalizes Marijuana, Creates New Protected Employee Class Posted on: March 31, 2021 In: Labor & Employment
As states across the country join the growing trend of decriminalizing and legalizing marijuana, the implications for employers have become more relevant than ever. New Jersey recently became the newest state to clarify the interplay between marijuana legalization and employment with the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, or NJCREAMMA.
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Tags:
new jersey, marijuana, njcreamma, protected class, employment law

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