Publications

New Jersey Adopts Domestic Worker ‘Bill of Rights’

By Michael Homans May 2024 James Madison’s butler might be proud. The Garden State has adopted the New Jersey “Domestic Workers’ Bill of Rights” to give such workers – who are often exempted from generally applicable employment laws – more protections. Most importantly the new law, which takes effect in July, provides that domestic workers

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The Non-Compete Is Dead! Long Live the Non-Compete!

By Michael Homans May 2024 Early May’s flurry of news stories and legal alerts about the Federal Trade Commission’s “Final Rule” to ban most non-compete agreements seems designed to agitate employers and give hope to employees bound by such restrictions. Our take: calm down, be patient, this “power grab” by the Executive branch is unlikely

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FLSA Collective Actions from Demand Letter to Verdict: Key Issues and Turning Points for Plaintiffs and Defendants

By:      Michael Homans HomansPeck, LLC 215-419-7477 mhomans@homanspeck.com Gerald D. Wells III Connolly Wells & Gray, LLP 610-822-3700 gwells@cwglaw.com As presented as part of the 2024 Employment Law Institute put on by the Pennsylvania Bar Institute in Philadelphia in April 2024. Collective actions under the Fair Labor Standards Act (FLSA) present unique procedural and substantive challenges

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Can You Hear Me Now?

By Michael Homans Two recent cases involving deaf persons highlight the risks – and limits — of claims of disability discrimination by those with hearing impairments. In the first, the U.S. Equal Employment Opportunity Commission (EEOC) sued McLane Northeast, a distribution company with a large facility near Syracuse, NY, on behalf of a deaf applicant.

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Peloton Bicycle Maker Hits Brick Wall of Labor Law

By Michael Homans   For reasons that remain a mystery to labor and employment lawyers, many sophisticated employers continue to believe that inside sales representatives can be treated as salaried employees, exempt from overtime pay laws. Peloton Interactive, Inc., maker of the wildly popular interactive stationary exercise bikes and related products, learned the hard way

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