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I love to litigate employment disputes. And restrictive covenant cases are at or near the top of my list. They are fast-paced, usually well-lawyered on both sides, and lucrative. The primary goal of the dispute is to obtain a preliminary injunction — quickly — to stop someone from working. That means obtaining, organizing, and presenting an entire lawsuit worth of evidence in just months or weeks. Continue reading

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Last week, while many of you were in your offices with the doors closed, pretending to work before the holiday break, the Senate and House passed an omnibus spending package incorporating two separate pieces of legislation to protect pregnant workers and new moms. Continue reading

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Under a federal law called the Worker Adjustment and Retraining Notification (WARN) Act, businesses with 100 or more employees must provide affected workers with 60 days’ notice before a big layoff. It’s a bit more nuanced than that. But, for this blog post, the details aren’t so important.

What does matter today is that New Jersey has its own mini-WARN Act called the Millville Dallas Airmotive Plan Job Loss Notification Act. And it looks like a long-overdue employee-friendly update is about to happen . . . much sooner than many employers thought.

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Sometimes, when deciding whether to blog about a recent federal court decision, I skip the “Factual Background” section and go right to the “Discussion.” That’s where I usually find the most concise, “meat-and-bones” explanation of what the case is about. Continue reading

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On Friday’s edition of The Employer Handbook Zoom Office Happy Hour — catch the replay here if you missed it —  we talked about 2022 changes in the law that could impact 2023 updates to your employee handbook. One talked briefly about how the pendulum at the National Labor Relations Board is swinging back toward employee rights.

What I failed to mention was that, with that shift, the Board is taking an aggressive position on how employers — union or not — may have to make employees whole for violations of the National Labor Relations Act (the “Act”). Continue reading

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I don’t know about you, but the COVID-19 pandemic has warped my sense of timing. Still, it seems like a lot happened in 2022 that warrants some discussion about how employers should revise their employee handbooks for 2023.

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When I think of Pennsylvania, it’s the Liberty Bell, cheesesteaks, and that putrid football team from Pittsburgh with the fans that wave yellow towels.

I also think of employer-friendly employment laws.

But one of those associations may soon be eroding. (Spoiler alert: not my opinion of the hapless Steelers). Continue reading

“Doing What’s Right – Not Just What’s Legal”
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