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Showing posts with the label Ford Harrison LLP

New Jersey Employers Take Note: Recent Legislative Amendments Expand Employee Leave Protections

During the last days of his administration, former Governor Phil Murphy signed legislation amending multiple New Jersey leave laws and extending job-protected leave to thousands more workers. The amendments will take effect July 17, 2026 . T hey will increase the number of employers subject to the New Jersey Family Leave Act (NJFLA), shorten the time employees must work before becoming eligible to take NJFLA leave, and raise new questions surrounding job-restoration rights for employees collecting state temporary disability insurance (TDI) benefits or family leave insurance (FLI) benefits.  Expanded NJFLA Applicability Generally, the NJFLA gives eligible employees 12 weeks of unpaid job-protected leave in a 24-month period to: (1) care for a family member with a serious health condition; or (2) bond with a child within one year of the child’s birth or placement for adoption or foster care.   Unlike the federal Family and Medical Leave Act, the NJFLA provides no job-protected l...

Illinois Employment Law Changes for 2025-2026

As usual, the Illinois Legislature has been busy this past session, passing one new employment law and making changes to numerous others. The following is a summary of the changes that have been enacted thus far and a preview of those likely to come in the very near future. Nursing Mothers in the Workplace Act – Paid Leave Required On August 1, 2025, Governor J.B. Pritzker signed into law  SB0212 , which is an amendment to the Nursing Mothers in the Workplace Act. Effective immediately, the Act requires employers to provide reasonable break time to an employee who needs to express breast milk each time the employee has the need, for one year after the child’s birth. The amendment to the Act provides that the employer shall compensate the employee during the break time at the employee’s regular rate of compensation, and shall not require the employee to use paid leave during the break time or reduce the employee’s compensation during the break time in any other manner. Employers wil...

New York Lawmakers Consider Progressive Reforms to Severance Agreements

The New York State Senate passed the “No Severance Ultimatums Act” (“the Act”), which, if enacted, “prevents employers from giving coercive ultimatums to employees or former employees relating to such employee's severance from employment.” Under the proposed law, employers must: Notify employees of their right to consult an attorney about the severance agreement; Provide employees with a “consideration period” to review the agreement, not less than 21 calendar days; and Provide a seven-day revocation period following execution of the agreement, which would become effective only after the revocation period has expired. Employees may waive the 21-day review period so long as their consent is knowing, voluntary, and not induced by fraud, misrepresentation, or threats by their employer to withdraw or alter the agreement’s terms. The Act does not apply to severance agreements negotiated pursuant to collective bargaining agreements. The changes proposed by the Act are quite progressive....

Noncompete News: New Jersey Introduces New Bill to Kill Noncompete Agreements

Executive Summary:  Following last year’s unsuccessful attempt to ban noncompete agreements, New Jersey’s legislature introduced a new bill on May 19, 2025, to prohibit the use of noncompete clauses. The Proposed Act’s Impact on New Jersey Businesses This bill, known as “S 4385,” provides that no employer may require a noncompete agreement from any employee or other individual . Under the bill, every clause to restrain anyone from engaging in a lawful profession, trade, or business of any kind is void. If enacted, the bill will require every covered employee with a noncompete to be advised in writing by the employer that those noncompete clauses are no longer valid and not enforceable. The Proposed Act’s (Limited) Exceptions The bill provides narrow exceptions to the ban on noncompete clauses: If a cause of action related to a noncompete clause accrued before the bill’s effective date; Noncompete clauses entered into by an employer under a sale of a business; or Noncompete clau...

Florida Legislature Passes Expansive New Noncompete Bill, Awaiting Governor's Signature

On April 24, 2025, the Florida Legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act, significantly expanding the enforceability of noncompete laws in the state. Although Governor DeSantis has not signed the bill into law, it is expected that he will soon, and the law will be effective July 1, 2025 . Employers are encouraged to immediately review their noncompete agreements and existing practices in light of the bill’s major additions to the current legal landscape . Background In Florida, employers commonly enter into noncompete/nonsolicitation agreements with their employees to protect their trade secrets, confidential information, and relationships with prospective or existing customers. Such agreements are governed under section 542.334, Florida Statutes, which provides a list of factors that courts may consider in evaluating the agreement’s enforceability. To enforce a restrictive covenant agreement, employers...