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Vermont Becomes the Fifth State with a Paid Sick Leave Law

A new Vermont law will require most employers to provide paid sick time to employees. Vermont is the fifth state to adopt a paid sick leave law, following Connecticut, California, Massachusetts, and Oregon.  The law will be...more

2015 Year in Review—the Top 10 Trends in New Jersey Employment Law

In 2015, there were important developments in New Jersey employment law. This newsletter examines some of those developments in ten key areas— background checks, whistleblowing, paid sick leave, wage and hour, Law Against...more

New Brunswick Passes Local Sick Leave Ordinance, While New Jersey Legislature Considers Statewide Paid Leave Bills

As 2015 comes to a close, paid sick leave remains a hot issue in New Jersey. The City of New Brunswick recently became the eleventh municipality in New Jersey to mandate paid sick leave, but will be the first city in the...more

Elizabeth Poised to Become the Tenth Municipality in New Jersey to Mandate Paid Sick Leave

Voters in Elizabeth, New Jersey overwhelmingly approved a public question on the ballot requiring private-sector employers in the city to provide paid sick leave to their employees. Elizabeth follows the lead of multiple...more

N.J. High Court Rules “Watchdog” Employees Protected Under State Whistleblower Law

On July 15, 2015, the Supreme Court of New Jersey ruled that an employee who monitors corporate compliance—a so-called “watchdog” employee—can engage in protected activity by blowing the whistle under the New Jersey...more

New Montana Law Protects Employee Social Media Accounts

On April 23, 2015, Montana became the twentieth state to enact a law protecting employees from employer interference with personal social media accounts. The law, which takes effect immediately, prohibits employers from...more

NJ Businesses and Lawmakers Continue Debate over Municipal Sick Leave Laws

Controversy continues to stir over the growing number of municipal sick leave laws in the State of New Jersey. To date, nine such localities—Bloomfield, East Orange, Irvington, Jersey City, Montclair, Newark, Passaic,...more

Third Circuit Says Trucker Entitled to Overtime

Professional motor carriers generally are exempt from overtime payment under the Fair Labor Standards Act (“FLSA”). ...more

Sick Leave Trend Continues in New Jersey, Constitutional Challenge Begins

This week Bloomfield became the ninth locality in the State of New Jersey to require employers to provide sick leave to their employees, joining Jersey City, Newark, Passaic, East Orange, Paterson, Irvington, Trenton, and...more

NJ “Ban the Box” Law Takes Effect, “Draft Rule” Proposed

New Jersey’s so-called “ban the box” law took effect on March 1, preventing most employers in the State from asking about a prospective employee’s criminal history on the initial job application and until after the first...more

Third Circuit Nixes EEOC Retaliation Suit

Last week, in Equal Employment Opportunity Commission (“EEOC”) v. Allstate Insurance Co., No. 2-01-cv-07402 (3d Cir. Feb. 13, 2015), the Third Circuit affirmed that the defendant did not violate federal anti-retaliation laws...more

2/27/2015

N.J. High Court Adopts Faragher-Ellerth Defense for LAD Sexual Harassment Claims

Last week, in Aguas v. New Jersey, No. A-35-13 (Feb. 11, 2015), New Jersey’s high court embraced the federal Faragher-Ellerth defense for claims alleging vicarious liability for supervisory sexual harassment under New...more

NJ Supreme Court Hears Argument on Whether Disgorgement of Employee’s Salary Requires Economic Damages

In Kaye v. Rosefielde, a case alleging fraud and malpractice against a former general counsel, the New Jersey Supreme Court recently heard oral arguments on whether the Appellate Division erred in affirming that economic...more

NJ Supreme Court Considers Remittitur of Emotional Distress Award in Race Discrimination Case

The New Jersey Supreme Court has agreed to address whether a trial court erred in denying remittitur on a whopping $1.4 million award for emotional distress damages in a racial discrimination suit brought under the Law...more

SEC Approves FINRA Rule Strengthening Background Checks

The Securities and Exchange Commission (SEC) has approved a Financial Industry Regulatory Authority (FINRA) rule requiring member firms to strengthen their background investigation of applicants seeking registration. ...more

Trends in N.J. Whistleblowing and Retaliation Law – 2014 Roundup

2014 was another busy year for developments in whistleblowing and retaliation law in New Jersey. This blog post summarizes noteworthy state and federal cases for employers to consider in the new year....more

Trends in New Jersey Employment Law - December 2014

2014 Year in Review—the Top 10 Trends in New Jersey Employment Law - 2014 was another busy year for developments in New Jersey employment law. This newsletter examines noteworthy developments in ten key...more

New Jersey’s Minimum Wage Rises to $8.38 in the New Year

Due to to an increase in the Consumer Price Index (CPI), New Jersey’s minimum wage will rise to $8.38 per hour starting January 1, 2015. This is the second consecutive year that the state’s minimum wage will increase....more

Lawsuits Grow Under “Old” Pennsylvania Background Check Law

A growing number of states and localities have enacted laws that restrict employers from considering certain types of criminal records in hiring and other personnel decisions. Though many of these laws are more recent,...more

12/18/2014

NJ Supreme Court to Rule on SOL Waiver

Last week, the New Jersey Supreme Court agreed to address whether to uphold a provision in a job application that limited the time in which an employee could sue the company to no more than 6 months after an alleged adverse...more

NJ Supreme Court to Decide Whether LAD Protects Divorcing Employee

Last week, the New Jersey Supreme Court agreed to address whether the protection against marital status discrimination under the state’s Law Against Discrimination (LAD) serves to prevent an employer from discharging an...more

FINRA Proposes Rule Strengthening Background Checks

Last month, the Financial Industry Regulatory Authority (FINRA) issued a proposed rule requiring member firms to strengthen their background investigations of applicants seeking registration. The proposed rule adopts,...more

FCRA Preempts Tortious Interference Claim, Says NJ Court

The Fair Credit Reporting Act (FCRA)—a federal law that regulates the collection and use of “consumer information”—covers employers who solicit third-party vendors known as consumer reporting agencies (CRAs) to run background...more

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 employees....more

Revocation of Ex-Convict’s Job Offer Did Not Violate State Law, Says PA Court

Pennsylvania, like many states, has restricted employer use of criminal history in hiring and other employment decisions. Under the Criminal History Record Information Act (CHRIA), Pennsylvania employers may “consider”...more

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