Employment Law and Labour Law

Employers often focus on FMLA, ADA, and state leave laws when employees take time off, but they may overlook a critical detail: their group medical insurance policy dictates how long active coverage can continue before COBRA obligations arise. Understanding these policy terms is essential to avoid inadvertently extending coverage beyond contractual limits or failing to offer required continuation coverage at the right time.

New Jersey employers must now submit separation information through the NJDOL Employer Access Portal when employees file unemployment insurance claims. This comprehensive guide walks through the seven-step submission process, explains what documentation is required for different types of separations, and outlines critical action items for compliance with the new mandate.

The National Labor Relations Board has confirmed that its 2020 General Motors decision governs how employers can discipline employees for abusive conduct during union or protected activities. This ruling makes it significantly easier for employers to address employee misconduct without treating contemporaneous protected activity as a substantial barrier to discipline, applying a consistent Wright Line test across workplace outbursts, social media posts, and picket line conduct.

A recent New Jersey appellate decision demonstrates how proper engagement in the interactive accommodation process can shield employers from disability discrimination claims.

A Cruise employee injured while off-duty in an autonomous vehicle as a customer sued the company, which sought arbitration under both employment and customer agreements. The trial court denied arbitration, but the Court of Appeal reversed, finding valid assent to the online arbitration provision through a clear sign-in wrap process and extending coverage to related entities based on agency and alter ego allegations.

A California Court of Appeal issued a peremptory writ of mandate directing a trial court to vacate its order compelling arbitration in an employment dispute. The court found that the arbitration clause in the employment agreement was too narrow to cover the employee's statutory discrimination, accommodation, and retaliation claims, as these arose from public policy protections rather than contractual interpretation or breach.

An ERISA plan’s deadline for filing a lawsuit is a powerful defense—but only if your plan can actually use it. Burying it in the plan document, or even spelling it out in the summary plan description (SPD), may not be enough. A recent federal appeals court decision is a pointed reminder to check what participants are actually told when their claims are denied.

A federal judge denied a motion for summary judgment by Dish Network in a class action lawsuit under the Employee Retirement Income Security Act (ERISA). The case involves allegations that the satellite company breached its fiduciary duty under ERISA by retaining certain target-date funds (TDFs) despite their lackluster performance.

In Pover v. The Capital Group Cos. Inc. et al., Case Number 24-5298, a split panel of the Ninth Circuit affirmed a California trial court’s denial of a motion to compel arbitration in a 401(k) self-dealing class action lawsuit against Capital Group. The court held that the provision in Capital Group’s retirement plan documents requiring dispute resolution outside the courtroom was unenforceable because it would nullify rights under ERISA.

Employers often focus on FMLA, ADA, and state leave laws when employees take time off, but they may overlook a critical detail: their group medical insurance policy dictates how long active coverage can continue before COBRA obligations arise. Understanding these policy terms is essential to avoid inadvertently extending coverage beyond contractual limits or failing to offer required continuation coverage at the right time.

The Department of Labor's Employee Benefits Security Administration has issued new guidance clarifying enforcement priorities for mental health parity requirements under MHPAEA. This guidance narrows the focus to three key areas where treatment limitations on mental health and substance use disorder benefits may unlawfully differ from medical and surgical benefits. Health plan sponsors now have clearer direction on compliance expectations and enforcement focus areas.

California's Senate Bill 1149 expands bereavement leave protections by adding "designated person" to the definition of family member under the California Family Rights Act. Employees can now identify one designated person per year whose death qualifies them for the state's five-day bereavement leave benefit, broadening coverage beyond traditional family relationships.