Legal Blogs and Updates

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 ...

Can Employers Still Require Employees to Take COVID-19 Tests? Maybe. EEOC Updates Guidance for Employers

On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance on employer-required COVID testing. Throughout the pandemic, the EEOC has maintained that employers could require their employees to be regularly tested for COVID. 

Until now ...

U.S. Supreme Court Decision May Impact Climate Policies, Narrows EPA Greenhouse Gas Regulations

On June 30, 2022, the United States Supreme Court held that the Environmental Protection Agency (EPA) does not have the authority to permit the promulgation of state regulations under the Clean Air Act that would result in or encourage “generation shifting” to clean energy. This ...

June 2022 Insurance Update: Recent Case Law Finding CGL Exclusions Apply to Biometric Information Privacy Claims

The Northern District of Illinois has issued several recent opinions addressing coverage disputes under commercial general liability (“CGL”) policies involving claims based on alleged violations of the Illinois Biometric Information Privacy Act (“BIPA”). This month’s ...

The PFAS Saga Continues - New Federal Advisory Levels More Stringent Than NJ Regulations

Earlier this week, the Environmental Protection Agency (EPA) announced new levels at which four per- and polyfluoroalkyl substances (PFAS) are considered safe in drinking water. The announcement included non-binding drinking water advisories for two new PFAS not previously regulated ...

EPA Proposed Water Rule May Delay or Limit Permit Approvals

The Environmental Protection Agency (EPA) has proposed a new Clean Water Act Section 401 rule, which may delay and/or limit federal approvals of projects that discharge into federally protected waters.  The proposed rule specifically provides states and tribes the power to grant or deny ...

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