Joseph C. O'Keefe

Joseph C. O'Keefe

Proskauer Rose LLP

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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

Tennessee Enacts Trio of Employment Laws

Tennessee's governor recently signed three new employment laws. The first, a social media law, takes effect on January 1, 2015, and provides applicants and employees with social media protections similar to those in fifteen...more

6/23/2014 - Discrimination Employer Liability Issues Employment Policies Hiring & Firing New Regulations Social Networks

Newark Sick Leave Law Update

The Newark Department of Child and Family Well-Being (Department) recently issued a press release on the City's new paid sick leave ordinance (Ordinance) together with FAQ forms for employees and employers. In the release,...more

6/18/2014 - Employee Rights Employer Liability Issues Paid Leave Sick Leave Union Membership

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 New Jersey Employment Law - February 2014

Appellate Division Roundup - In recent months, New Jersey's Appellate Division has rendered three significant employment law decisions. State v. Saavedra, No. A-1449-12T4, 2013 N.J. Super. LEXIS 185 (App. Div....more

1/29/2014 - CEPA Discrimination Employee Rights Pregnancy Pregnancy Discrimination Protected Class Whistleblowers

New Jersey Expressly Protects Pregnancy, Requires Reasonable Accommodation

On January 21, 2014, Governor Chris Christie signed S2995 to amend New Jersey's Law Against Discrimination (LAD) by expanding protections against discrimination for employees affected by pregnancy. The amendment, which is...more

1/24/2014 - Compliance Employee Rights Pregnancy Pregnancy Discrimination Reasonable Accommodation

Jersey City Sick Leave Law and Notice/Poster Requirements Effective January 24, 2014

On September 26, 2013, the Mayor of Jersey City, New Jersey signed into law an Ordinance requiring employers to provide sick leave to their employees, effective January 24, 2014. For more on the new law, see our past client...more

1/20/2014 - Employee Benefits Hiring & Firing New Hires Personnel Records Posting Requirements Sick Leave Unions

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

New Jersey Issues Forms to Acknowledge Receipt of Pay Equity Notice

Last month, the New Jersey Department of Labor & Workforce Development released New Jersey’s new pay equity notice in English and Spanish. For more on the posting and distribution requirements of the English and Spanish...more

1/7/2014 - Gender Equity Gender-Based Pay Discrimination Pay Equality Notices

New Jersey Issues Pay Equity Notice to Post and Distribute

On September 19, 2012, New Jersey Governor Chris Christie signed A2647 into law requiring employers in the State of New Jersey with 50 or more employees to post and distribute a notice detailing "the right to be free of...more

12/18/2013 - Civil Rights Act Gender Equity Gender-Based Pay Discrimination Pay Equality Notices Title VII

The Beginnings of a New Trend? New Jersey Proposes to Protect Unpaid Interns From Employment Discrimination

On December 5, 2013, the New Jersey State Senate introduced S-3064 to protect unpaid interns from employment discrimination by amending the Law Against Discrimination ("LAD"), the Conscientious Employee Protection Act...more

12/17/2013 - CEPA Discrimination Internships Unpaid Interns

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

New Jersey Raises Minimum Wage by Constitutional Amendment

On November 5, 2013, New Jersey voters overwhelmingly approved (by a 61% to 39% margin) a constitutional amendment to raise the state minimum wage to $8.25 per hour starting on January 1, 2014. The amendment further mandates...more

11/11/2013 - Constitutional Amendment Consumer Price Index Inflation Adjustments Minimum Wage

Jersey City Mayor Signs Sick Leave Law, Continues National Trend

On September 26, 2013, the Mayor of Jersey City, New Jersey signed into law an Ordinance requiring employers to provide sick leave to their employees effective January 24, 2014. Similar laws have been enacted in the State of...more

10/30/2013 - Compliance Employee Rights Sick Leave

New Jersey Issues SAFE Act Poster

On October 1, 2013, the New Jersey Security and Financial Empowerment Act (SAFE Act) will take effect, requiring employers to provide unpaid leave to employees affected by domestic or sexual violence. For more on the...more

9/19/2013 - Crime Victims Domestic Violence SAFE Sexual Assault

New Jersey Pay Equity Measure Says No Reprisals Against Employees Requesting Information About Co-Workers

On August 28, 2013, New Jersey Governor Chris Christie signed A-2648 to add a new non-retaliation pay equity measure to the Law Against Discrimination ("LAD") (hereinafter, the "amendment" or "law")....more

9/6/2013 - Anti-Discrimination Policies CEPA Chris Christie Discrimination New Legislation Pay Equality Notices Retaliation

New Jersey's "More Properly Balanced" Social Media Law Signed by Governor Christie

On March 21, 2013, New Jersey's state legislature passed A2878 to prohibit employers from requiring or requesting that prospective and current employees disclose their user names and passwords to their personal social media...more

9/3/2013

New Jersey's New Law Requires Unpaid Leave for Victims of Domestic or Sexual Violence

On July 17, 2013, New Jersey Governor Chris Christie signed S-2177 – the New Jersey Security and Financial Empowerment Act ("NJ SAFE Act") – to require that employers provide unpaid leave to employees affected by domestic or...more

7/25/2013 - Crime Victims Domestic Violence Employee Rights Sexual Abuse Sexual Assault Unpaid Leave

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 Continuing Violation Doctrine Discrimination Hostile Environment Laches Permancency Requirement Reversal Sexual Harassment Statute of Limitations Title VII

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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