On March 24, 2014, a resolution (SCR96) was introduced in the Senate that would amend the New Jersey Constitution to give public employees the right to collective bargaining. The state constitution now gives public employees the right to form a union and submit grievances and proposals, but does not make collective bargaining a stated right. The amendment would have the effect of requiring collective negotiation with the representatives of the employees.
The U.S. Supreme Court recently disagreed with the Fourth Circuit Court of Appeals’ decision that a participant in a 401(k) plan is prohibited from using Section 502(a)(2) of the Employee Retirement Income Security Act (ERISA) to recover losses allegedly caused by his employer’s failure to carry out his investment instructions. “Although [Section] 502(a)(2) does not provide a remedy for individual injuries distinct from plan injuries,” the majority wrote, “that provision does authorize recovery for fiduciary breaches that impair the value of plan assets in a participant’s individual account.”
Employers now have greater clarity on how the new federal requirements covering COVID-19 testing and diagnosis apply to their group health plans, under guidance issued by the U.S. Department of Labor, U.S. Department of Health and Human Services, and U.S. Department of Treasury.
The current National Labor Relations Board (NLRB) continues to provide relief for employers whose workplace rules and policies were under attack from the Board during the Obama administration. Following the line of authority started with its decision in The Boeing Company, 365 NLRB No. 154 (2017), the NLRB continues to review handbook, code of conduct, and other employer rules with a more relaxed, common-sense approach.