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    Construction Law Now Blog

    Blog Category: Labor & Employment

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    Labor & Employment
    The Immediate Impact of President Biden’s COVID-19 Action Plan on Private Employers
    BY Jonathan Landesman, Marc B. Cytryn

    On September 9, 2021, the White House announced its new COVID-19 Action Plan, which is likely to have a considerable impact on employers. As part of the plan, President Biden has directed the U.S. Department of Labor’s Occupational Safety and ...

    Labor & Employment
    Rare Criminal Enforcement for Violations of PA Workplace Misclassification Statute Leads to Dozens of Charges in Delaware County

    Pennsylvania Attorney General Josh Shapiro made the point in a recent press conference, saying, “When you misclassify employees, let me be clear what you are doing: You are stealing.” Under the Construction Workplace Misclassification Act (Act ...

    Labor & Employment
    New Overtime Rules Become Effective On January 1, 2020
    BY Jonathan Landesman

    Under the Department of Labor’s new overtime rules, which become effective January 1, 2020, all employees with a salary of less than $35,568 must be treated as hourly employees entitled to overtime compensation whenever they work more than 40 ...

    Labor & Employment
    Failing to Run Weekly Payroll Exposes NY Contractors to Substantial Liability
    BY Jonathan Landesman

    Breaking from prior legal precedent, an appellate court in New York ruled that if a contractor pays employees performing manual work on a biweekly basis (or less frequently), the affected employees may bring a private lawsuit or class action case ...

    Labor & Employment
    Employers Beware! NY Revamps Its Sexual Harassment Law
    BY Jonathan Landesman

    Cohen Seglias Summer Associate Jordan L. Cramer also contributed to this article. On August 12, 2019, Governor Andrew Cuomo signed new legislation (Senate Bill S6577, A8421) making it significantly easier for employees to file sexual harassment ...

    OSHA Review: What You May Have Missed In the Past Six Months

    The past six months have seen plenty of activity from the Occupational Safety and Health Administration (OSHA). The following recaps the developments affecting the construction industry. As each changes the regulatory landscape, construction ...

    Labor & Employment
    The Long Wait is Over: DOL Increases Minimum Salary Threshold With Proposed New Overtime Rule

    On March 7, 2019, the United States Department of Labor issued a proposed new overtime rule that will raise the minimum salary threshold for workers to qualify for the white-collar exemption to the overtime provisions of the federal Fair Labor ...

    Internal Investigations
    Lessons from the Kavanaugh Hearing
    BY Jonathan Landesman

    I’m a management-side employment lawyer. It’s my job to go to court and defend employers and executives accused of all different types of misconduct, including sexual harassment. Over the last 20 years, I have seen it all. Some of my cases ...

    Labor & Employment
    Breastfeeding Discrimination Banned by Pivotal Amendment to NJLAD

    Breastfeeding is now a protected act and category under New Jersey’s Law Against Discrimination (“NJLAD”). Employers are prohibited from discriminating against an employee in compensation, hiring, or firing because they breastfeed. ...

    Labor & Employment
    A Response to the #MeToo Movement: NJ Bill Tightens Position on Employment Agreements

    Last month a bill was introduced to the New Jersey State Assembly (A-5287) by Assemblymen John McKeon (Essex and Morris) and Jon Bramnick (Morris, Somerset, and Union) that would bar provisions in employment contracts that waive any substantive or ...