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New Jersey Employment Posters Updated, Yet Again

The New Jersey Division on Civil Rights (NJDCR) just modified its Discrimination in Employment poster, which all New Jersey employers are required to display. The new poster adds “pregnancy” to the list of protected...more

7/22/2014 - Discrimination Employer Liability Issues Pregnancy Discrimination Protected Class

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

Reminder: Newark Sick Leave Ordinance Now In Effect

Newark’s Sick Leave Ordinance went into effect on June 21, 2014. For a detailed discussion of the ordinance, including how to comply with its notice and posting requirements...more

7/21/2014 - Employer Liability Issues New Regulations Notice Requirements Sick Leave

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

Nurse Fired for Refusing Flu Vaccine for Secular Reasons Entitled to Unemployment, New Jersey Appellate Division Holds

In Valent v. Board of Review, A-4980-11T2 (App. Div., June 5, 2014), the New Jersey Appellate Division ruled that a hospital employee who refused a flu shot for purely secular reasons was still eligible for unemployment...more

7/18/2014 - Corporate Counsel Termination Unemployment Unemployment Benefits

New Jersey Supreme Court Upholds Termination of Whistleblowing RN, Confirming Narrow Reading of CEPA

In Hitesman v. Bridgeway, Inc., A-73-12 (June 16, 2014), a registered nurse was fired after he complained to management about the rate of infectious diseases among patients, reported his concerns to governmental agencies, and...more

7/18/2014

Statute of Limitations Waiver in Employment Application Enforceable Against ESL Immigrant, New Jersey Appellate Division Holds

On June 19, 2014, the New Jersey Appellate Division continued recent willingness of New Jersey courts to enforce employment applications that shorten the statute of limitations for employment-related claims, this time...more

7/18/2014 - Employment Application Immigrants Selective Waivers Statute of Limitations Waivers

Employer’s Refusal to Rescind a Resignation Does Not Amount to Unlawful Retaliation, District Court of New Jersey Holds

The United States District Court for the District of New Jersey recently held that an employer’s refusal to rescind a resignation does not amount to unlawful retaliation under 42 U.S.C. § 1981 (which follows the same standard...more

7/18/2014 - Civil Rights Act Employer Liability Issues Resignation Retaliation Title VII

New Jersey Appellate Division Holds That the NJLAD Prohibits Discrimination Against Employees in the Process of Being Divorced

In Smith v. Millville Rescue Squad, 2014 WL 2894924 (App. Div. June 27, 2014), the Appellate Division held that the New Jersey Law Against Discrimination’s (NJLAD) prohibition against discrimination based on “marital status”...more

7/18/2014 - Discrimination Divorce Employer Liability Issues Marital Status

Newark, New Jersey Sick Leave Poster Now Available— Employers Must Act by June 21

On June 21, 2014, the Newark, New Jersey Sick Leave Ordinance (which we previously discussed in the March 2014 issue of the New Jersey eAuthority) will become effective. Beyond the primary requirements of the ordinance (i.e.,...more

6/19/2014

New Jersey Senate Passes Unfair Wage Recovery Act

On March 27, 2014, the New Jersey Senate passed the Unfair Wage Recovery Act (S783), which would amend the New Jersey Law Against Discrimination to provide that an unlawful employment practice occurs each time an individual...more

5/13/2014 - Discrimination Employer Liability Issues Lilly Ledbetter Unfair Labor Practices Wages

Act Would Require Public Contractors To Report Employment Information For All Employees Working On Public Contracts In New Jersey

On March 27, 2014, the Wage Transparency Act (S1038) was passed by the New Jersey Senate. The act would require public contractors to report to the Commissioner of the New Jersey Department of Labor and Workforce Development...more

5/13/2014 - Contractors Public Contracts Reporting Requirements Wages

Threshold For Prevailing Wage Work For New Jersey Municipalities To Increase July 1, 2014

The state prevailing wage threshold for total work done for a municipality or on property or premises owned by a municipality will increase from $14,187 to $15,444 beginning July 1, 2014. ...more

5/13/2014 - Municipalities Prevailing Wages Public Entities

New Jersey Resolution Seeks To Give Public Employees The Right To Collective Bargaining

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. ...more

5/13/2014 - Collective Bargaining Employee Rights Public Employees

Third Circuit Articulates Theories Of Successor Liability Under FLSA

In Thompson v. Real Estate Mortgage Network, No. 12-3228 (3d. Cir. Apr. 3, 2014), the Third Circuit Court of Appeals recently found a successor employer potentially responsible for Fair Labor Standards Act (FLSA) violations...more

5/12/2014 - Compliance Employee Rights FLSA Succession Planning Successor Liability

New Jersey Bill Seeks To Permit Additional Withholdings And Deductions From Employee Wages

On March 24, 2014, a bill (S1846) was introduced that would permit an employer to withhold a portion of an employee’s wages for purchases authorized by the employee made at an event sponsored by an organized and...more

5/12/2014 - Charitable Donations Charitable Organizations Proposed Legislation Wage Deductions Wages Withholding Requirements

County Employee Injured While Walking From Parking Facility To Work Ineligible For Workers’ Compensation Benefits, New Jersey...

A Morris County employee sought workers’ compensation benefits for an injury sustained on a public street while walking a few blocks from a privately-owned employer-paid parking lot to her office. Hersh v. County of Morris,...more

5/12/2014 - Bodily Injury Parking Lots Public Property

CEPA Protection For “Watchdog” Employees? New Jersey Supreme Court To Decide

On March 14, 2014, the New Jersey Supreme Court granted certification in Lippman v. Ethicon, Inc., 432 N.J. Super. 378 (App. Div. 2013), agreeing to review whether “watchdog” employees, i.e., employees responsible for...more

5/12/2014 - CEPA Hiring & Firing Termination Whistleblowers

NLRB Moves to Permit Employees’ Use of Company Email Systems for Union Organizing and Other Section 7 Rights

Close observers of the National Labor Relations Board (NLRB) in recent years had long expected the Board to one day revisit—and, possibly, overrule—Register-Guard, 351 NLRB 1110 (2007), the landmark NLRB opinion holding that...more

5/2/2014 - DOL Employee Rights NLRA NLRB Register Guard Unions

Bill Protects Employees Impacted By Emergency Weather Conditions

On March 17, 2014, a bill (S1717) was introduced that would prohibit an employer from taking adverse action against an employee because he or she is not working due to a declared state of emergency (by the Governor or...more

3/28/2014 - Adverse Employment Action Employee Rights Severe Weather

Employer’s Handbook Disclaimer Renders Agreement To Arbitrate Unenforceable, New Jersey District Court Holds

Employee handbooks typically contain an overview of company history, a set of employment policies and general guidance, and a clear and prominent disclaimer that nothing in the handbook creates a contract of employment...more

3/28/2014 - Arbitration Arbitration Agreements Employee Handbooks Void and Unenforceable

Removal From Key Account And Placement On Performance Improvement Plan Not “Adverse Employment Actions,” New Jersey District Court...

In order to state a retaliation claim under the federal Family and Medical Leave Act (FMLA), a plaintiff must establish that his employer took an adverse employment action against him that was causally related to his FMLA...more

3/28/2014 - Adverse Employment Action Employer Liability Issues FMLA

New Jersey Bill Seeks To Increase Minimum Wage For Tipped Employees

On February 27, 2014, a bill (S1595) was introduced that appears to establish an increase in the minimum wage for tipped New Jersey employees—first to 40 percent of the standard minimum wage, and then after one year, to 69...more

3/27/2014 - Employee Rights Minimum Wage Tips Wage and Hour

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