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Legal Blogs and Updates

  • Posts by Michael Shadiack
    Partner

    Michael Shadiack is the Chair of Connell Foley’s Labor and Employment Practice Group. Representing a broad spectrum of employers and management personnel in the private and public sectors, he provides litigation defense and ...

Schoolyard Bully Grows Up: Identifying and Addressing Workplace Bullying

As businesses transition back to the office, employers are confronted with a unique scenario: employees seeing one another again in-person, sometimes for the first time in over two years.  With this comes a period of acclimation for the workforce.  Co-workers must adjust to being in close ...

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 ...

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 ...

Caution Before the Storm

Recreational marijuana will be available for sale in New Jersey beginning tomorrow, Thursday, April 21st.

A few things for employers to remember:

  • Employers can require a drug- and alcohol-free workplace.
  • Employers can prohibit the use, consumption, being under the influence ...
President Biden Signs the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act

On March 3, 2022, President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” (the “Act”) (otherwise known as the “#MeToo Bill”).  The Act amends the Federal Arbitration Act, and nullifies mandatory arbitration ...

OSHA: COVID-19 Vaccine/Testing Emergency Temporary Standard Status Update and Summary of Requirements

Status Update

On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) requiring employers with 100 or more employees to ensure unvaccinated employees: either get vaccinated for COVID-19 or begin weekly testing by ...

2022 Employer To-Do Checklist
  1. DEVELOP A COVID-19 VACCINE MANDATE AND/OR TESTING/FACE COVERING POLICY AND EDUCATE EMPLOYEES.  Employers must understand the legal and practical considerations to implementing a COVID-19 vaccine mandate or, alternatively, a testing/face covering policy to ensure compliance with a ...
Religious Objection to COVID-19 Vaccine Mandate: EEOC Issues Updated Guidance

On October 25, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its technical guidance related to the COVID-19 pandemic, offering further clarity on some of the longstanding practices surrounding religious-based objections by an employee to a mandatory ...

Governor Murphy Provides Guidance for Employers on Face Mask and Social Distancing Measures in the Workplace

On May 24, 2021, Governor Murphy signed Executive Order No. 242, which rescinded, as of May 28, 2021, the mask and social distancing mandates for businesses that are open to the public, but retained those mandates for businesses generally closed to the public. 

On May 26, 2021, however ...

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