Evan J. Shenkman

Evan J. Shenkman

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

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New Jersey Bills Would Burden Employers with Scheduling and Pay Rules

Both the New Jersey General Assembly (A1117, reported out of committee on April 4) and Senate (S1397, introduced on February 11, 2016) have introduced bills to enact the “New Jersey Schedules That Work Act,” a law that would...more

5/24/2016 - Notice Requirements On-Call Employees Proposed Legislation State Legislatures Wage and Hour Work Schedules

Recently Enacted New Jersey Laws Affecting Employers

In January, New Jersey Governor Chris Christie signed into law two new bills about which New Jersey employers should be aware. One creates an optional state retirement plan marketplace for small businesses, while the other...more

3/9/2016 - Chris Christie Employee Rights New Legislation Paid Leave Retirement Plan Small Business State Labor Departments Unpaid Leave

New Jersey Legislative Update—What’s in the Works for New Jersey Employers

Since the beginning of 2016, the New Jersey Legislature has been busy introducing bills that would impose new requirements on New Jersey employers and employees....more

3/7/2016 - Anti-Discrimination Policies Child Pornography Corporate Counsel Employer Liability Issues Equal Pay Hiring & Firing Internships Legislative Agendas Proposed Legislation Punitive Damages Tax Credits Wage and Hour

New Jersey Court Finds Employer Improperly Required Employee to Submit to Fitness-for-Duty Exam

The Superior Court of New Jersey, Appellate Division recently held, in a case of first impression, that the Americans with Disabilities Act (ADA) permits a New Jersey employer to require an employee to undergo a...more

3/2/2016 - ADA Corporate Counsel EEOC Employee Rights Employer Liability Issues Enforcement Guidance Fitness for Duty Exams Internal Investigations Mental Health

New Position Statement Procedures in Effect at the EEOC

On February 18, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) announced a new nationwide procedure? providing for the release of respondent position statements and nonconfidential attachments to charging...more

2/25/2016 - Confidential Information EEOC Medical Records Personally Identifiable Information Trade Secrets

New Brunswick New Jersey’s Paid Sick & Safe Leave Law Goes Into Effect

On December 17, 2015, the City of New Brunswick passed its own paid sick leave ordinance, making it the eleventh municipality in the State of New Jersey to require paid sick leave. The ordinance becomes effective on January...more

1/7/2016 - Domestic Violence Local Ordinance Paid Leave Posting Requirements Sick Leave

New Jersey Supreme Court Establishes Test for Compensation Disgorgement When Employee Breaches Duty of Loyalty

The New Jersey Supreme Court has held that a court may order the disgorgement of an employee's compensation when the employee has breached his or her duty of loyalty to the employer—even if the employer has not sustained...more

12/30/2015 - Breach of Duty Compensation Disgorgement Duty of Loyalty Employees NJ Supreme Court

New Jersey Appellate Court Rules Arbitration Agreement in Employee Handbook Unenforceable

In C.M. v. Maiden Re Insurance Services, LLC, No. L-3622-13 (App. Div. Sept. 18, 2015), the New Jersey Appellate Division held that an employee was not compelled to arbitrate her employment discrimination claims,...more

12/30/2015 - Arbitration Agreements Disclaimers Employee Handbooks Employment Discrimination Void and Unenforceable

New Jersey Veterans May Soon Be Entitled to Preferential Hiring in Non-Civil Service Jurisdictions

On December 3, 2015, Senate Bill 2145 was approved, 62-0, by the New Jersey Assembly. (The bill had already been passed by the New Jersey Senate in May.) ...more

12/30/2015 - Hiring & Firing Job Applicants Pending Legislation Veterans

Expanded Protections Proposed for Breastfeeding Employees in New Jersey

On November 16, 2015, a bill was introduced to extend the protections of the New Jersey Law Against Discrimination (NJLAD) to breastfeeding mothers. If enacted, New Jersey Assembly Bill 4696 would require New Jersey employers...more

12/23/2015 - Breastfeeding Employment Policies Proposed Legislation Reasonable Accommodation

Bill Proposed to Restrict New Jersey Employers’ Ability to Obtain Salary and Benefits Information from Prior Employers

On November 16, 2015, a bill was introduced that would prohibit employers from seeking, obtaining, or requiring current or prospective employees to provide information about their compensation and benefits history at their...more

12/22/2015 - Compensation & Benefits Employer Liability Issues Hiring & Firing Proposed Legislation

New Jersey Annual Notice Reminders With Deadlines Fast Approaching

New Jersey employers should be aware of two impending annual notice requirements. First, employers must distribute to each employee working in New Jersey a written copy of the Gender Equity Notice on or before December 31...more

12/22/2015 - CEPA Gender Equity Notice Requirements

New Jersey Advances Bill to Ban Most Employee Credit Checks

On December 14, 2015, the New Jersey Assembly Labor Committee released another bill—A2298—seeking to prohibit most credit checks on employees. Essentially the same as prior bills that failed in the New Jersey legislature...more

12/18/2015 - Employee Credit Checks Employer Liability Issues Hiring & Firing Pending Legislation

New Jersey Minimum Wage Will Not Increase in 2016, But Maximum Weekly WC, UI, TDI, and FLI Benefits Rise

The New Jersey Department of Labor and Workforce Development issued a notice to alert the public that there will be no annual adjustment to the minimum hourly wage rate for 2016. The minimum wage will remain $8.38 per hour. ...more

12/18/2015 - Minimum Wage Wage and Hour

Jersey City Expands Paid Sick Leave Ordinance to Small Businesses, Increases Penalties for Noncompliance

On October 30, 2015, the Jersey City mayor approved a change to the city’s existing paid sick leave law (Ordinance 15.145), purportedly to bring the sick leave ordinance more in line with those of other New Jersey cities that...more

12/18/2015 - Local Ordinance Paid Leave Sick Leave Wage and Hour

Elizabeth Becomes the Tenth New Jersey City to Require Paid Sick Leave

On November 3, 2015, voters in the City of Elizabeth approved a paid sick leave ordinance, making it the tenth municipality in the State of New Jersey to require paid sick leave. The ordinance, which goes into effect on March...more

12/18/2015 - Local Ordinance Paid Leave Sick Leave Wage and Hour

Final New Jersey Ban-the-Box Regulations Issued Today, Effective Immediately

The New Jersey Department of Labor and Workforce Development (NJDOL) published its long awaited, final “ban-the-box” regulations today, which take effect immediately. The final regulations, and the NJDOL’s comments to the...more

12/8/2015 - Ban the Box Employer Liability Issues Hiring & Firing Job Applicants Screening Procedures

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

New Jersey Supreme Court Holds Stealing Documents to Support Discrimination Claims Can Be Prosecuted as Theft

In State v. Saavedra (A-68-13, June 23, 2015), the New Jersey Supreme Court upheld the criminal indictment of a public sector employee who stole confidential documents to support her discrimination and retaliation claims. As...more

8/24/2015 - Appellate Courts Confidential Documents Criminal Prosecution Discrimination Indictments NJ Supreme Court Public Employees Retaliation

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 Supreme Court Holds Just Doing Your Job May Be Whistleblowing

On July 15, 2015, the New Jersey Supreme Court held that the protections of the Conscientious Employee Protection Act (CEPA) extend to so-called “watchdog” employees—those employees whose regular job duties involve monitoring...more

8/21/2015 - CEPA NJ Supreme Court Whistleblower Protection Policies Whistleblowers

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

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