Evan J. Shenkman

Evan J. Shenkman

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

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

New Jersey Superior Court Has Concurrent Jurisdiction to Decide Employment Status Under Workers’ Compensation Act, New Jersey...

The New Jersey Supreme Court recently held that the Superior Court of New Jersey has concurrent jurisdiction with the New Jersey Division of Workers’ Compensation to adjudicate a worker’s employment status for purposes of...more

8/21/2015 - Affirmative Defenses Exclusivity Independent Contractors Jurisdiction NJ Supreme Court Workers Compensation Act

Faulty Time Clock Dooms Employer’s Motion to Dismiss Employee’s FMLA Claim

In Barnes v. Vibra Healthcare, LLC, No. 14-CV-5678 (D.N.J. May 26, 2015), the U.S. District Court for the District of New Jersey denied the employer’s motion to dismiss the plaintiff’s claim brought under the Family and...more

8/21/2015 - Employer Liability Issues FMLA Timekeeping

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

Whistleblower Must Identify the Law, Rule, or Regulation Violated by the Employer Prior to the Summary Judgment Stage, District...

The U.S. District Court of New Jersey recently reaffirmed that under New Jersey’s whistleblower law, the Conscientious Employee Protection Act (CEPA), a plaintiff asserting that her employer’s conduct is incompatible with a...more

8/21/2015 - CEPA Employer Liability Issues Healthcare Hospitals Public Health Public Policy Retaliation Whistleblower Protection Policies

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

Third Circuit Applies Strict Interpretation of FMLA’s Inpatient Care Regulation, Requiring Overnight Stay

In Bonkowski v. Oberg Industries, Inc., (3d Cir. May 22, 2015), the Third Circuit Court of Appeals ruled that an employee who was admitted to the hospital moments after midnight, and who was discharged more than 14 hours...more

8/21/2015 - Appeals FMLA Patients

The Employment Law Authority - January/February 2015

In This Issue: - High Tech, High Risk: Protecting Health Plan Data: Recent Cyber Attack Reminds Employers to Take Swift Action - EEOC FY 2014 Statistics Are Here: What Do They Mean for Employers? - State...more

2/25/2015 - Anthem Blue Cross Cybersecurity EEOC Employment Policies Enforcement Statistics FLSA HIPAA OSHA Retaliation Supervisors Unpaid Overtime Wage and Hour

EEOC FY 2014 Statistics Are Here: What Do They Mean for Employers?

The U.S. Equal Employment Opportunity Commission (EEOC) just released its fiscal year (FY) 2014 enforcement and litigation statistical report for the private sector. Presented annually, the report always contains some nuggets...more

2/10/2015 - Corporate Counsel Discrimination EEOC Hiring & Firing Popular Retaliation

Being Classified as an Employee in New Jersey is Now as Easy as ABC for Wage and Hour Purposes

In a unanimous decision, the New Jersey Supreme Court recently adopted the employee-friendly “ABC” test to determine whether an individual is an employee or an independent contractor under New Jersey’s Wage Payment Law (which...more

1/19/2015 - Employee Definition FLSA Independent Contractors Wage and Hour

Still More New Jersey Workplace Poster Updates!

The New Jersey Division on Civil Rights (DCR) recently added updated English and Spanish versions of its Discrimination in Employment poster (as well as its Public Accommodation and Housing posters) to its website, with the...more

12/30/2014 - Discrimination Employer Liability Issues Posting Requirements

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

Arbitration Provisions Must Include Clear and Unambiguous Waiver of Claimant’s Right to Sue in Court, New Jersey Supreme Court and...

New Jersey employers with mandatory arbitration provisions seeking to compel the arbitration of employment disputes with their employees would be well-served to reexamine such provisions in light of recent decisions by New...more

12/29/2014 - Collective Bargaining Contract Drafting Employee Handbooks Employer Liability Issues Employment Contract Mandatory Arbitration Clauses Waivers

Six-Year Statute of Limitations Applies to Claims Under the New Jersey Wage Payment Law, New Jersey District Court Holds

A New Jersey federal court recently held that a six-year, not a two-year, statute of limitations applies to claims under the New Jersey Wage Payment Law, N.J.S.A. 34:11-4.1, et seq., that section of the New Jersey wage and...more

11/12/2014 - Employer Liability Issues Statute of Limitations Unpaid Wages Wage and Hour Wages

Mailing FMLA Notice of Rights to Absent Employee May Be Insufficient to Prove Receipt by Employee, Third Circuit Holds

Many employers send Family and Medical Leave Act (FMLA) paperwork to absent employees via the mail—regular, first class mail—because it is a reasonable, cost-effective way to get the notice to those employees at home....more

11/12/2014 - Appeals Employer Liability Issues FMLA Mail Notice Requirements Written Notice

New Jersey Department of Labor Amends Minimum Wage Regulations

The New Jersey Department of Labor amended N.J.A.C. 12:56-3.1 to reflect the recent amendment to the New Jersey Constitution that raised the minimum wage to $8.25 and created yearly increases to the minimum wage tied to the...more

11/11/2014 - DOL Employee Rights Minimum Wage Wages

New Jersey Department of Labor Considering Amending Unemployment Benefits Regulations

The New Jersey Department of Labor is considering a series of amendments to the unemployment benefits regulations to bring the regulations in line with P.L. 2010, c. 37, a law that significantly amended the standards for...more

11/11/2014 - DOL Unemployment Unemployment Benefits

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