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Legal Blogs and Updates

Posts from August 2022.
EPA Proposes Designation of First PFAS Chemicals as Hazardous Substances Under CERCLA

On August 26, 2022, the United States Environmental Protection Agency (EPA) proposed the treatment of two PFAS chemicals as hazardous substances under federal law, which would include the triggering of obligations under the Comprehensive Environmental Response, Compensation, and ...

Two New Ways to Monetize Energy Tax Credits Under the Inflation Reduction Act

The Inflation Reduction Act, signed into law last week, has created two new mechanisms for monetizing new and existing energy tax credits, which may lead to significant cost savings and eliminate the need for complicated tax equity structures for renewable energy project owners.

First, in ...

What Is “Quiet Quitting” and What Can Employers Do to Avoid It?

In the last several weeks, “quiet quitting” trended on TikTok and has crept into the lexicon of more traditional media outlets. What is it and what can employers do about it?

Quiet quitting is a misnomer—employees are not truly quitting. Advocates of quiet quitting say it is a reflection ...

Two States Now Prohibit Public Entities from Paying Ransoms

Late last year, North Carolina became the first U.S. jurisdiction to prohibit state agencies and local government entities from making a ransom payment or communicating with a threat actor following a ransomware attack.[1] Florida has now followed suit, making it the second state to ...

Inflation Reduction Act Provides Billions in Funding for Climate Initiatives and Clean Energy Development

President Biden has signed the Inflation Reduction Act, a major spending bill that attempts to tackle climate change, the cost of prescription drugs, and lower the national deficit. While the Act does not include any requirements to reduce emissions, it does provide for new oil and gas ...

Division of Civil Rights Updates LAD and FLA Poster Requirements

Effective August 1, 2022, the New Jersey Division on Civil Rights adopted new and amended regulations regarding the display and distribution of posters required to be provided to employees by employers. Of particular note to employers are the requirements that apply to the Law Against ...

Employee or Independent Contractor? NJ Supreme Court Clarifies What It Means for a Worker to Be Independent

On August 2, 2022, the New Jersey Supreme Court issued an opinion that examines what it means for a worker to be an independent contractor.

In general, under the New Jersey Unemployment Compensation Act, to determine whether a worker is an employee or independent contractor, the facts are to be ...

Social Media and the Workplace: Navigating Employee Speech Online

A common misconception is that the First Amendment protects an employee from adverse employment actions based on something the employee said.

While the First Amendment does protect freedom of speech, the Amendment contains an important qualifier. “Congress shall make no law ...

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