There is not a constitutionally protected right to political free speech in the private sector workplace. The First Amendment does protect freedom of speech. However, the First Amendment only...

On August 22, 2024, Acting New Jersey Governor Nicholas Scutari signed legislation amending N.J.S.A 34:15-64 to increase the cap on attorney’s fees from 20% to 25% in workers’ compensation claims....

The Appellate Court made a decision in Barrett v. Hackensack University Medical Center , N.J. Super. A-3441-22 (App. Div. 2024) regarding the extent of a compensable accident in workers’...

On April 22, 2024, the Federal Trade Commission (FTC) issued a “Final Rule” proposing to ban non-compete agreements. This Rule, set to go into effect 120 days after it is published in the Federal...

In a recent Pennsylvania decision, the Commonwealth Court has rejected the Bureau of Workers’ Compensation’s long-term use of the “Red Book” for valuing prescription drug prices. This represents a...

The National Labor Relations Board (NLRB) is a federal agency dedicated to the governance of the National Labor Relations Act (the Act). Section 7 of the Act guarantees employees "the right to...

New Jersey worker’s compensation law has a new ruling that affects both employers and petitioners alike. Under the NJ Workers’ Compensation Act, the general rule is that when an employee is...

The ADA Questionnaire is a basic resource employers should utilize to determine if an employee is eligible for protection under the Americans with Disabilities Act (ADA), as amended. This form...

Until 2015, employers in West Virginia were not able to rely upon contributory negligence or comparative fault of the plaintiff as a defense in deliberate intent actions filed under W. Va. Code §...

C&W attorneys William B. Pentecost, Jr. and David M. Olive, as well as Georgetown University Adjunct Lecturer Henry J. Sienkiewicz, co-authored the article entitled “A Collision from Afar:...

The case of Phillip Pantano v. New York Shipping Association arose out of a workplace injury involving plaintiff Pantano who was an employee of Container Services of New Jersey (CSNJ). Pantano was...

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 (Title VII) and its state and local equivalents. Unwelcome sexual advances, requests for...

On Thursday, June 29, 2023, the United States Supreme Court issued a unanimous decision in the matter of Groff v. Dejoy , holding that employers must demonstrate more than a “de minimis hardship”...

On April 10, 2023, New Jersey lawmakers enacted a new bill that imposes several additional requirements on employers in New Jersey under the New Jersey WARN Act. The new amendments arguably make...

An article written by Employment Law Partner James F. Devine, Esq. discusses the need for employers to develop a comprehensive Equal Employment Opportunity Policy to communicate zero tolerance for...

In a significant reversal of past precedent, a divided National Labor Relations Board ruled on February 21, 2023 that severance agreements which contain confidentiality or non-disparagement...

In an unexpected Valentine’s Day surprise, the ongoing uncertainty relating to in-person hearings versus virtual hearings may have been clarified by the Pennsylvania Workers’ Compensation Appeal...

An article written by Employment Law attorney Ryan W. Morris discusses the need for employers to develop a Medical Marijuana Policy. A podcast discussing how to develop a Medical Marijuana Policy...

The Fair Labor Standards Act (FLSA) establishes a threshold for calculation of overtime eligibility. From 2004 until 2020, that salary threshold was $23,600 ($455 per week). In January 2020, the...

In Garzon v. Morris County Golf Club , A-1100-21 (App. Div. December 23, 2022), the Appellate Division of New Jersey held that a Petitioner’s attorney’s counsel fee should not automatically be set...