Marc Antonetti

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Just in Time for the Dreaded Recession – Mandated Severance Payments in New Jersey for Mass Layoffs and Closings

By Amanda Van Hoose Garofalo and Marc Antonetti on January 17, 2023 Posted in New Jersey

I Remember Something About This. Remember back before COVID-19 arrived in the United States – can you remember that far back? Way back then, New Jersey passed amendments to the New Jersey WARN Act that would require employers to provide extended notice and severance to any employee displaced during a mass layoff or closing. Once … Continue Reading

FTC and DOJ MOUs with NLRB Reflect the Administration’s Ongoing Focus on Restrictive Labor Relationships and the Gig Economy

By Daniel Kaufman, Marc Antonetti and Ann O'Brien on July 27, 2022 Posted in NLRB

Last week, the Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) announced that the agencies had entered into a new Memorandum of Understanding (MOU). The FTC press release touted the MOU as a big deal, stating that it would “bolster the FTC’s efforts to protect workers by promoting competitive U.S. labor markets … Continue Reading

At the Crossroads of Politics, Religion and Social Justice, Employers Face Difficult Choices

By Marc Antonetti, Ashlee Grant and Allison Thomas on July 1, 2022 Posted in Health & Wellness, Healthcare, Supreme Court

A closely divided Supreme Court, a reversal of long-standing precedent, headline-grabbing litigation and an increased assertion of religious liberty rights by employees have thrust employers into an unprecedented and extraordinarily difficult social and legal environment following the Court’s decision in Dobbs v. Jackson Women’s Health Organization. Many employees wonder what their employers will do in … Continue Reading

Far from Home in the Multiverse of Madness: Where Are We Now with Respect to the Federal Contractor Vaccine Mandate?

By Marc Antonetti on December 17, 2021 Posted in COVID-19

Do you like superhero movies? If you’re like me, you eagerly await the premieres of the new Spiderman movie this week and the Dr. Strange movie next year, where our heroes are expected to delve into the problem of multiple parallel universes that collide and fray. They’ve got nothing on us — here in reality, … Continue Reading

Kentucky Federal Court Issues Three-State Preliminary Injunction Against Federal Contractor Vaccine Mandate

By Marc Antonetti and Scott McIntyre on December 3, 2021 Posted in Biden Administration, COVID-19

By Marc Antonetti and Scott McIntyre On Nov. 30, 2021, the Eastern District of Kentucky enjoined President Biden’s federal contractor vaccine mandate in Commonwealth of Kentucky v. Joseph R. Biden. Under Executive Order 14042, covered contract employees and employees working at covered contractor workplaces are required to receive their final vaccine shot by Jan. 4, … Continue Reading

DOL Continues Contractor Regulatory Onslaught with $15-per-Hour Minimum Wage for New and Extended Contracts

By David Grant, Marc Antonetti and Barron Avery on November 30, 2021 Posted in DOL

It has been a challenging month for federal government contractors. First came the Biden administration’s pronouncement on mandatory vaccinations. Unlike the Department of Labor’s (DOL) Occupational Safety and Health Administration emergency standard, the courts have not to this point stepped in and stayed implementation of this vaccination mandate for government contractors. Now, finalizing the administration’s … Continue Reading

UPDATE: Federal Contractor Vaccine Mandate in Flux

By Marc Antonetti on November 5, 2021 Posted in Biden Administration, COVID-19, Federal Contractors, OSHA

The federal contractor vaccine mandate (Executive Order 14042), which we first reported on in September both here and here, apparently will be delayed. Facing industry resistance, multiple lawsuits, and vaccination and accommodation assessment deadlines that are difficult to meet, the White House announced in an evening press call on November 3, 2021 (The White House, … Continue Reading

12 Quick Takeaways from the Safer Federal Workforce Task Force’s Vaccine Mandate for Federal Contractors

By Marc Antonetti on September 27, 2021 Posted in Biden Administration, COVID-19, Federal Contractors, Healthcare

On Friday, Sept. 24, 2021, the Safer Federal Workforce Task Force published its new guidance pursuant to the president’s recent executive order directing that all federal contractors’ employees be vaccinated. The detailed 14-page guidance has a number of important clarifications of who must be vaccinated, by when and what other steps a federal contractor must … Continue Reading

The President’s Vaccine Executive Order – A Prelude of Things to Come for Federal Contractors?

By Marc Antonetti on September 10, 2021 Posted in Biden Administration, COVID-19, Federal Contractors

With much fanfare, on Sept. 9, 2021, President Joe Biden announced, among other wide-ranging proposed requirements for employers generally, a COVID-19 vaccine mandate for federal employees and certain government contractors. The president stated that he signed an “executive order that will require federal contractors to” have their employees vaccinated. (“Remarks by President Biden on Fighting … Continue Reading

Mayor Bowser Signs Broad DC Noncompete Ban – Certain Requirements Apply to Employers That ‘Don’t’ Utilize Noncompete Agreements!

By Marc Antonetti on January 21, 2021 Posted in Non-Compete

As we reported here last month, on Dec. 15, 2020, a unanimous District of Columbia City Council approved a broad ban on noncompete agreements and “moonlighting” policies that would be among the most restrictive in the nation. On Jan. 11, 2021, Mayor Muriel Bowser signed and approved the Ban on Non-Compete Agreements Amendment Act of … Continue Reading

DC City Council Passes Broad Noncompete Ban

By Marc Antonetti on December 22, 2020 Posted in Non-Compete

On Dec. 15, 2020, a unanimous District of Columbia City Council approved a broad ban on noncompete agreements and “moonlighting” policies that would be among the most restrictive in the nation. Since adoption of the Defend Trade Secrets Act in 2016, 11 states have enacted legislation regulating the use of noncompetes, including prohibiting them for … Continue Reading

Probationary Periods: A Window Worth Closing

By Marc Antonetti and Jacqlyn Rovine on January 10, 2017 Posted in Policies

Probationary periods are a tool long used to test the viability of job candidates. They can provide a window into an employee’s suitability and qualifications for a position. In an economy that continues to have high unemployment, recent graduates, those looking to change careers and those interested in a specific company may be particularly open … Continue Reading

ALERT! Regional Director to Northwestern Football Players: Go Forth and Vote!

By Ellen Shadur Gross and Marc Antonetti on March 27, 2014 Posted in NLRB

An NLRB Regional Director has decided that Northwestern University football players who collect grant-in-aid are employees of the University and an appropriate bargaining unit. This decision is exceptional, and if it remains in effect, it could have significant implications, and not just in the NLRB arena. To learn more, read here.… Continue Reading