John Barry

John Barry

Proskauer Rose LLP

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Trends in New Jersey Employment Law - October 2014

Four More New Jersey Cities Enact Sick Leave Laws - Four New Jersey municipalities—Passaic, Paterson, Irvington, and East Orange—recently enacted ordinances requiring employers to provide paid sick leave to their...more

10/17/2014 - Anti-Retaliation Provisions Collective Bargaining Employee Rights Employment Policies Local Ordinance Notice Requirements Paid Leave Sick Leave

Trends in New Jersey Employment Law - September 2014

Third Circuit Renders Important Decisions on FMLA and FLSA - In recent weeks, the U.S. Court of Appeals for the Third Circuit rendered a trio of significant employment law decisions....more

9/15/2014 - Appeals Colleges Employer Liability Issues Fitness for Duty Exams FLSA FMLA Hospitals Notice Requirements Universities

Trends in New Jersey Employment Law - August 2014

LAD Roundup - In recent weeks, New Jersey's primary employment discrimination statute—the Law Against Discrimination (LAD)—has been the focus of judicial scrutiny....more

8/18/2014 - Anti-Discrimination Policies Discrimination Employee Rights Employer Liability Issues

New Jersey Bans the Box for Private Employers

Governor Christie has signed The Opportunity to Compete Act, which takes effect March 1, 2015 and prevents many private employers in the State of New Jersey from asking prospective employees about their criminal history on...more

8/14/2014 - Ban the Box Criminal Background Checks Employee Rights Job Applicants

Trends in New Jersey Employment Law - July 2014

In recent weeks, New Jersey's primary whistleblower statute—the Conscientious Employee Protection Act ("CEPA")—has been the subject of increased judicial scrutiny....more

7/14/2014 - Employer Liability Issues Whistleblower Protection Policies Whistleblowers

New Jersey Court Okays Provision in Job Application Reducing Statute of Limitations

In Rodriguez v. Raymours Furniture Co., Inc., No. A-4329-12T3, 2014 WL 2765273 (App. Div. June 19, 2014), New Jersey's Appellate Division upheld a provision in a job application that limited the time in which an employee...more

7/10/2014 - Adverse Employment Action Applications Contract Formation Corporate Counsel Hiring & Firing Job Applicants Statute of Limitations

Third Circuit Embraces "Lower Bar" for Successor Liability under the FLSA

In Thompson v. Real Estate Mortgage Network, No. 12-3828, 2014 WL 1317137 (3d Cir. Apr. 3, 2014), the Third Circuit adopted a standard of successor liability that will lower the bar for whether an employer can be held...more

5/7/2014

New Jersey Employers Must Display Two Updated Posters

The New Jersey Department of Labor and Workforce Development ("Department") recently updated two of the posters that employers must conspicuously display in the workplace. The first updated poster—the New Jersey State Wage...more

3/28/2014 - Employee Rights NLRB Wage and Hour

Newark Follows Jersey City with Sick Leave Law

On January 29, 2014, the Mayor of Newark, New Jersey signed into law an Ordinance requiring employers to provide paid sick leave to their employees, effective May 29, 2014, or, for employees who are covered by a collective...more

3/10/2014 - Collective Bargaining Employee Definition FLSA Human Resources Professionals Notice Requirements Paid Leave Personnel Records Posting Requirements Sick Leave

A Woolley Situation: District of New Jersey Refuses to Enforce Arbitration Clause in Employee Handbook

New Jersey employers should consider the risks of including an arbitration agreement in a standard employment handbook in light of a recent decision by the United States District Court for the District of New Jersey. In...more

2/28/2014 - Arbitration Employee Handbooks Mandatory Arbitration Clauses

New Jersey "Sandy" Law Preserves Employee Eligibility for Leave and Benefits

To be eligible for leave under New Jersey's Family Leave Act (FLA) or the Security and Financial Empowerment Act (SAFE Act), an employee must have been employed for at least 12 months and have worked at least 1,000 base hours...more

2/6/2014 - Employee Benefits Employee Rights FMLA Paid Leave SAFE Act Unpaid Leave

Trends In N.J. Whistleblowing And Retaliation Law – 2013 Roundup

2013 was a busy year for whistleblowing and retaliation law in New Jersey. This blog post summarizes noteworthy statutory and judicial developments for employers to consider in the new year....more

1/16/2014 - Anti-Discrimination Policies Compliance Discrimination Domestic Violence Equal Pay Equal Pay Act Gender Equity Retaliation Sick Leave Social Media Policy Whistleblowers

Top New Jersey Legal Developments - January 2014

2013 was a busy year for employment law in New Jersey. This newsletter summarizes noteworthy developments in ten key areas—social media, the Law Against Discrimination ("LAD"), whistleblowing, background checks, drug and...more

1/13/2014 - Anti-Discrimination Policies Arbitration Civil Rights Act Compliance Criminal Background Checks Discrimination Employee Rights Employer Liability Issues Equal Pay Gender Equity Non-Compete Agreements Paid Leave Passwords Restrictive Covenants Social Media Social Media Policy Title VII Wage and Hour Whistleblower Protection Policies

Okay to Terminate Employee for Violating No-Alcohol Provision of Return to Work Agreement, Says Third Circuit

In Ostrowski v. Con-way Freight, Inc., No. 12-3800, 2013 WL 5814131 (3d Cir. Oct. 30, 2013), the U.S. Court of Appeals for the Third Circuit affirmed that an employer may discharge a driver sales representative ("DSR") who...more

11/20/2013 - Alcohol Testing Termination Wine & Alcohol

Third Circuit "Clarifies" Continuing Violation Doctrine

In Mandel v. M & Q Packaging Corp., No. 11-3913, 2013 WL 141890 (3d Cir. Jan. 14, 2013), the U.S. Court of Appeals for the Third Circuit "clarified" the application of the continuing violation doctrine as defined by the U.S....more

2/25/2013 - Appeals Discrimination Hostile Environment Laches Permancency Requirement Reversal Sexual Harassment Statute of Limitations Title VII

ILG Blog Posting: Social Media Evolves

Social media around the world continues to evolve and so does the International Labour Group at Proskauer. For a second year in a row, Proskauer and its global partners have conducted a survey of multinational businesses to...more

1/29/2013 - Social Media Social Media Policy

New Jersey Department of Labor Proposes Rules to Implement New Pay Equality Poster and Notice Requirements

On September 19, 2012, New Jersey Governor Chris Christie signed a law requiring employers in the State of New Jersey with more than 50 employees to post and distribute notification to employees detailing "the right to be...more

1/10/2013 - Discrimination EEOC Equal Pay Gender Discrimination Gender-Based Pay Discrimination Title VII

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