On March 11, 2015, the Third Circuit Court of Appeals became the first Circuit Court to apply the “covered employee” provision of the SAFETEA-LU Technical Corrections Act of 2008 (the “Corrections Act”) to the Motor Carrier Act exemption of the Fair Labor Standards Act (“FLSA”). In McMaster v. Eastern Armored Services, Inc., No. 14-1010
Employee
“Pregnancy” Becomes a Protected Class Under New Jersey’s Law Against Discrimination
By Nicole G. McDonough on
Posted in Uncategorized
Last week, Governor Christie of New Jersey signed the “Pregnancy Bill,” which amends New Jersey’s Law Against Discrimination, N.J.S.A. 10:5-12 (“NJLAD”), to provide that it shall be “an unlawful employment practice” or “an unlawful discrimination” to consider pregnancy in making an employment determination. Pregnancy is now one of many protected classes under NJLAD, which also…
Health Care Reform Is Upheld – What Employers Need To Know To Maintain Their Business’s Health Under The Affordable Care Act
Posted in Employment Policies and Practices
On June 28, 2012, the United States Supreme Court issued its long-awaited opinion concerning the constitutionality of the Patient Protection and Affordable Care Act (the “Affordable Care Act” or the “Act”) in National Federation of Independent Business, et al. v. Sebelius, No. 11-393 (U.S. Jun. 28, 2012). The Court upheld the individual mandate requiring…
What Every Business Owner Needs To Know About OSHA (Part Three)
By Gerard M. Giordano on
Posted in Employment Policies and Practices
The final installment of this three part series describes what employers should expect after an OSHA inspection as well as the employers’ rights.
1. What happens after OSHA completes its inspection?
Unless your establishment is in full compliance with OSHA’s standards, you will receive a “Citation and Notification of Penalty” from OSHA. Generally, OSHA has…
What Every Business Owner Needs To Know About OSHA (Part Two)
By Gerard M. Giordano on
Posted in Employment Policies and Practices
This article, the second of a three part series, focuses on OSHA’s procedures during an inspection and outlines what employers should and should not do during an inspection.
1. What should I do or not do during an inspection?
There are certain actions that you should take to protect your interest during an OSHA inspection. These…