Christopher Elko

Christopher Elko

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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New Jersey Bill Seeks to Guarantee Job Protections to Organ and Bone Marrow Donors

A bill (A4360), which was introduced on May 8, 2015, seeks to amend the Temporary Disability Benefits Law (TDBL) (N.J.S.A. 43:21-25 et seq.) to require that individuals disabled in connection with donating organs or bone...more

8/24/2015 - Disability Benefits Employer Liability Issues Organ Donation Proposed Legislation Temporary Disability Insurance

Senate Majority Leader Introduces Bill That Would Dramatically Curtail New Jersey Employers’ Ability to Alter Work Schedules

On May 19, 2015, New Jersey Senate Majority Leader Loretta Weinberg introduced a bill (S2933) as part of a package of legislation seeking to dramatically regulate the scheduling and compensation of employees in New Jersey....more

8/24/2015 - Employer Liability Issues Fast-Food Industry Janitorial Services Proposed Legislation Restaurant Industry Retailers Wage and Hour Wages Work Schedules

Disagreement Between State Senate and Assembly Stalls Paid Sick Leave Bill

On June 22, 2015, the New Jersey Senate Labor Committee approved S785, a bill that would provide mandatory paid sick leave to all New Jersey employees. The bill is similar to A2354, passed by the Assembly Budget Committee, in...more

8/24/2015 - Chris Christie Local Ordinance Municipalities New Legislation Paid Sick Leave Act Sick Leave

Update on Local Paid Sick Leave Ordinances

In the recently decided matter of New Jersey Business and Industry Association, et al v. City of Trenton (L-467-15, April 16, 2015), the court held that Trenton’s paid sick leave ordinance applies only to employers based in...more

8/21/2015 - Local Ordinance Municipalities Notice Requirements Paid Sick Leave Act Posting Requirements Sick Leave

New Jersey Bill Seeks to Guarantee Job Protections to Organ and Bone Marrow Donors

A bill (A4360), which was introduced on May 8, 2015, seeks to amend the Temporary Disability Benefits Law (TDBL) (N.J.S.A. 43:21-25 et seq.) to require that individuals disabled in connection with donating organs or bone...more

8/21/2015 - Disability Benefits Employer Liability Issues Organ Donation Proposed Legislation Temporary Disability Insurance

Bill Introduced to Protect New Jersey Nail Salon Workers From Hazards and Unpaid Wages

On June 4, 2015, a bill (A4494) was introduced to protect nail salon employees from wage and hour violations and health and safety hazards. If passed, the bill would require nail salon owners to provide personal protective...more

8/21/2015 - Anti-Retaliation Provisions Employer Liability Issues Private Right of Action Proposed Legislation Salons Unpaid Wages Wage and Hour Workplace Hazards

New Jersey Division on Civil Rights Workplace Posting Update

The New Jersey Division on Civil Rights (DCR) quietly issued another round of updated mandatory posters (with a revision date of 5/8/2015), which are now available on its website. The revised posters (English and Spanish...more

8/21/2015 - Discrimination FMLA Posting Requirements Public Accommodation

New Jersey Family-School Partnership Act Seeks to Provide Leave for Involvement in School Activities

Another bill (S2935) proposed by New Jersey Senate Majority Leader Loretta Weinberg on May 19, 2015, would require employers with at least 25 employees to permit their employees to take up to 40 hours of leave to participate...more

8/21/2015 - Anti-Retaliation Provisions Paid Leave Parental Leave Private Right of Action Proposed Legislation Public Schools Students Unpaid Leave

New Jersey “Ban the Box” Regulations Are on the Way

On February 25, 2015, the New Jersey Department of Labor and Workforce Development (NJDOL) published draft proposed regulations to implement the New Jersey Opportunity to Compete Act, otherwise known as the “ban the box” law....more

2/27/2015

Update to Regulations Governing the New Jersey Family Leave Act

The New Jersey Division on Civil Rights recently adopted revised regulations governing the New Jersey Family Leave Act (NJFLA), which employers will need to incorporate into their current family leave policies and procedures....more

12/30/2014 - Employer Mandates FMLA

Discussions Continue on Anti-Bullying Legislation

On December 8, 2014, the Senate Labor Committee met to discuss the Healthy Workplace Act (S280), a bill that would prohibit bullying in the workplace. We previously addressed this bill in our January 2014 issue when it was...more

12/30/2014

New Jersey Ban the Box Bill Revised Again, Advances to Governor Christie

On June 26, 2014, the New Jersey legislature approved the most recent iteration (A1999) of the “Opportunity to Compete Act” (also referred to as the “Ban the Box” bill), which will now be sent to Governor Chris Christie for...more

7/21/2014 - Ban the Box Criminal Records Job Applicants

New Jersey Senate Bill Would Prohibit Automatic Disqualification of Applicants Based on Criminal Record

On May 19, 2014, the Senate introduced two (essentially identical) bills (S2101 and S2102) that would prohibit public and private employers from automatically rejecting current or prospective employees based on their criminal...more

7/21/2014 - Ban the Box Criminal Records Job Applicants

New Jersey Bill Seeks to Expand Overtime and Minimum Wage Exemption to Private Summer Camp Employees

Currently, New Jersey overtime and minimum wage laws do not apply to summer camps (and other summer conferences and retreats) operated by non-profit or religious corporations or associations. On June 5, 2014, the Assembly...more

7/21/2014 - Employer Liability Issues Minimum Wage Non-Profits Over-Time Proposed Legislation Religious Institutions Wage and Hour

Bill Prohibiting Discrimination Against Unemployed Applicants Reaches New Jersey Governor’s Desk

On June 30, 2014, the New Jersey Legislature passed a bill (S1440) that would add unemployed applicants to the growing list of protected classes under New Jersey law. First referenced in the March 2014 issue of the New Jersey...more

7/21/2014 - Discrimination Employment Application Hiring & Firing New Legislation Unemployment

Bill Introduced To Assist Unemployed Job Applicants In New Jersey

On February 27, 2014, a bill (S1440) was introduced in the Senate that would prohibit employers from basing employment decisions on an applicant’s unemployed status. The bill would supplement an existing law that prohibits...more

3/27/2014 - Job Applicants Unemployment

New Jersey’s Version Of “Ban The Box” Bill Reintroduced To Senate

“The Opportunity to Complete Act” (last mentioned in the February 2013 issue of the New Jersey eAuthority) was reintroduced to the state Senate on February 28, 2014. The bill still prohibits the use of criminal background...more

3/27/2014 - Background Checks Ban the Box Criminal Background Checks Employee Rights Job Applicants

New Bill Would Suspend Interest Payments On Mortgages For Employees Aggrieved By Violations Of The New Jersey WARN Act

On February 25, 2014, a bill was introduced and referred to the Senate Commerce Committee that would allow employees to suspend payment of interest on their mortgages if they were affected by a violation of the Millville...more

3/26/2014 - Mortgages WARN Act

New Jersey Legislators To Withhold Payment From State Vendors That Owe Unemployment Contributions

On February 27, 2014, the chair of the state Senate Labor Committee proposed a bill that would withhold payments by the state to vendors that are delinquent in their unemployment insurance contributions....more

3/26/2014 - Unemployment Benefits Vendors

Newark, New Jersey Mayor Signs Sick Leave Ordinance Into Law

In our February 2014 issue of the New Jersey eAuthority, we reported that the Newark City Council had approved a sick leave ordinance that would provide the majority of private employees working in Newark with mandatory paid...more

3/26/2014 - Employee Rights Paid Leave Sick Leave

Defense Counsel’s Ex Parte Investigation Of EEOC Claimants Leads To Sanctions By New Jersey District Court

In EEOC v. FAPS, Inc., 2013 WL 4833535 (D.N.J. Sept. 10, 2013) (unpub.), the employer’s attorneys hired a private investigator to conduct ex parte interviews with claimants in a pending civil suit brought by the Equal...more

11/29/2013 - EEOC Ex Parte Investigations Professional Liability Sanctions

Equity Partner Lacks Standing To Bring Whistleblower Claim Under CEPA, New Jersey District Court Holds

The protections of the New Jersey Conscientious Employee Protection Act (CEPA) do not extend to partners with significant control over their company. In Largie v. TCBA Watson Rice, LLP, 2013 WL 4487456 (D.N.J. Aug. 20, 2013)...more

11/29/2013 - CEPA Corporate Governance Equity Partners Whistleblowers

Missing “At-Will” Language In Employment Agreement Leaves At-Will Status Up To The Jury, New Jersey Appellate Division Holds

In Halpern v. Marion P. Thomas Charter School, 2013 WL 4607437 (N.J. App. Div. Aug. 30, 2013) (unpub.), the New Jersey Appellate Division held that a teacher had overcome the presumption of at-will employment by showing that...more

11/29/2013 - At-Will Employment Contract Drafting Contract Interpretation Employment Contract

Plaintiff’s Employment Case Dismissed For Failure To Mention Suit In Pending Bankruptcy Proceedings, New Jersey District Court...

In Lewis v. Eberle & BCI Services, LLC, 2013 WL 4483529 (D.N.J. Aug. 19, 2013), a New Jersey district court dismissed the plaintiff’s claims brought under the Americans with Disabilities Act and the Family and Medical Leave...more

11/29/2013 - ADA Chapter 7 Consumer Bankruptcy FMLA

New Jersey’s Social Networking Privacy Law Gets Conditional Veto by Gov. Christie

On April 5, 2013, Governor Chris Christie issued a conditional veto of New Jersey’s proposed “Facebook law” (A-2878), which is intended to prohibit employers from inquiring about or otherwise accessing applicants’ and...more

5/8/2013 - Facebook Legislative Vetoes Social Media Social Networking Online Protection Act Social Networks

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