Jocelyn A. Merced

Jocelyn A. Merced

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

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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

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

Legal Protections and Remedies for New Jersey Interns Are on the Horizon

On January 15, 2015, the New Jersey Intern Protection Act was approved by the Assembly Labor Committee and has been sent to the full Assembly for a vote. If adopted, this bill (S539, A3529) would provide interns with the same...more

2/13/2015 - Employer Liability Issues Internships New Legislation Unpaid Interns Wage and Hour

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 Governor Christie Signs Ban the Box Law

On August 11, 2014, New Jersey Governor Chris Christie signed into law “The Opportunity to Compete Act”—also referred to as the “ban the box” law—adding New Jersey to the growing list of states where employers are prohibited...more

8/13/2014 - Ban the Box Criminal Background Checks Employee Rights Job Applicants

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

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

Jersey City, New Jersey Enacts Sick Leave Ordinance; Is Newark Next?

On October 21, 2013, Jersey City enacted an ordinance (passed by its City Council on September 25) mandating that all Jersey City businesses provide their employees sick leave—either paid or unpaid (depending upon the...more

11/29/2013 - Local Ordinance Municipalities Paid Leave Sick Leave

New Jersey Bill Seeks To Expand Protections For Pregnant Employees

On November 18, 2013, a bill (S2995) seeking to expand employment protections for pregnant women passed in the Senate 38-0. Specifically, the bill would (1) amend the New Jersey Law Against Discrimination to add pregnancy...more

11/29/2013 - Discrimination Pregnancy Discrimination Proposed Legislation Reasonable Accommodation

New Law Punishes New Jersey Employers That Fail To Timely Or Adequately Respond To Unemployment Agency Requests For Information

Traditionally, New Jersey employers have been free to challenge erroneous unemployment benefit charges even if the error was a result of the employer’s untimely or inaccurate response to the Department of Labor’s request for...more

11/29/2013 - DOL New Legislation Penalties Request For Information Unemployment Benefits

Plaintiff Entitled To Employer’s Customers’ Addresses, District Of New Jersey Holds

In Griff v. GalaxE Solutions, Inc., 2013 WL 2242656 (D.N.J. May 21, 2013), the New Jersey District Court rejected an employer’s attempt to withhold disclosure to the plaintiff of the business addresses of several of its...more

9/23/2013 - Customer Lists Disclosure Requirements Hiring & Firing Protective Orders Termination

Third Circuit Clarifies Standard For Final Certification Of FLSA Collective Actions

In Zavala v. Wal-Mart Stores, Inc., 2012 WL 3217522 (3d Cir. August 9, 2012), the Third Circuit Court of Appeals clarified the standard for final certification of a collective action under the Fair Labor Standards Act (FLSA),...more

9/14/2012 - Class Action Class Certification FLSA RICO Unpaid Overtime Wal-Mart

Employer Off The Hook For Co-Worker Harassment Claims Thanks To Its Anti-Harassment Policies, New Jersey Appellate Division Holds

In Mann v. Staples, Inc., 2012 WL 3101310 (App. Div. August 1, 2012), a case argued by an attorney in Ogletree Deakins’ New York office, the New Jersey Appellate Division dismissed a female employee’s NJLAD discrimination...more

9/14/2012 - Anti-Harassment Policies Sexual Harassment Staples

Despite Willful OSHA Violation, New Jersey Supreme Court Reaffirms Exclusivity Of Workers’ Compensation Benefits, Refuses To Apply...

In Van Dunk v. Reckson Assoc. Realty Corp., 2012 N.J. LEXIS 678 (N.J. June 26, 2012), the New Jersey Supreme Court considered whether an employee’s personal injury suit against his employer following a trench collapse, for...more

7/16/2012 - Intentional Injury Exception OSHA Workplace Injury

Union President Had Expectation Of Privacy In Private Facebook Posting, New Jersey District Court Holds

In Ehling v. Monmouth Ocean Hosp. Serv. Corp., 2012 U.S. Dist. LEXIS 74558 (D.N.J. May 30, 2012), a supervisor convinced an employee to access the private Facebook account of the plaintiff (a co-worker and the union...more

7/16/2012 - Facebook Right to Privacy

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