In Waters v. Day & Zimmerman NPS, Inc., the First Circuit has seemingly muddied the waters on Bristol-Myers Squibb’s applicability to FLSA collective actions.
Global Developments In Labor & Employment Law
Ryan O’Connor represents employers across multiple industries in connection with a variety of labor and employment law matters, including the defense of discrimination, retaliation, and wrongful termination claims. He also advises clients on internal employment matters, including employment contracts and separation agreements, employer policies and handbooks, and wage and hour compliance.
In Waters v. Day & Zimmerman NPS, Inc., the First Circuit has seemingly muddied the waters on Bristol-Myers Squibb’s applicability to FLSA collective actions.
Since March of last year, millions of Americans have worked from home, on at least a part-time basis. For many of these employees, it has been their first meaningful experience with telework (which was historically limited to special accommodations or select remote workers). Because work from home has proven to be a benefit that numerous…
In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California, addressing due process concerns related to personal jurisdiction in the context of an action where the vast majority of plaintiffs were residents of states outside the jurisdiction where the plaintiffs filed the lawsuit. Bristol-Myers involved 678 individual product liability claims…
On March 25, in New Jersey Civil Justice Institute et al. v. Grewal, a New Jersey district court ruled that the Garden State is barred from enforcing a recently enacted provision prohibiting employers from requiring workers to arbitrate discrimination and harassment claims, finding the measure is preempted by federal law.
On Oct. 27, New Jersey Gov. Phil Murphy signed Executive Order 192, the latest executive order issued under the ongoing Coronavirus Disease 2019 (COVID-19) state of emergency. Effective Nov. 5, the order requires all employers to enforce certain workplace safety protocols, many of which may already have been adopted because the requirements track existing…
On Sept. 14, 2020, New Jersey Gov. Phil Murphy signed into law S2380, which creates a rebuttable presumption of workers’ compensation coverage for Coronavirus Disease 2019 (COVID-19) cases contracted by “essential employees” during the ongoing public health emergency. The law took effect immediately, and applies retroactively to March 9, 2020, when the governor first
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As noted in our 2019 legislative update, New Jersey and New York have joined a growing number of states in prohibiting employers from asking job applicants about their salary history. Both states’ legislation became effective earlier this month after being signed into law last year. As of January 2020, other states that prohibit all…
In 2019, New Jersey, New York, and Pennsylvania each enacted substantial legislation affecting companies that employ individuals in those states. This GT Alert provides a summary of the most significant of these legislative changes and will help employers stay abreast of the changes relevant to their businesses. Please note that the laws described extend protections…
There have been many significant developments in the first half of 2019 impacting private employers in New York and New Jersey. Federal, state, and local legislatures and agencies have been particularly busy in the employment arena, promulgating sweeping laws and regulations affecting a broad range of well-entrenched employment practices. For instance, New Jersey adopted prohibitions…