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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

New Jersey Gender Equity Notice Now Available—Employer Obligations Start January 6, 2014

The New Jersey Department of Labor has just made available the gender equity notice that must be posted and distributed to New Jersey employees pursuant to P.L. 2012, c. 57, which was signed into law in September of last...more

12/11/2013 - Civil Rights Act Discrimination Employment Policies Gender Discrimination Gender Equity

New Jersey Expands Pay Equity Protections

On August 29, 2013, Governor Chris Christie signed a bill (A2648) into law barring employers from retaliating against employees who share information about their compensation with other employees in furtherance of a pay...more

9/24/2013 - Anti-Discrimination Policies Chris Christie Compensation & Benefits Discrimination Retaliation

New Jersey Assembly Introduces Bill To Invalidate Restrictive Covenants And Non-Disclosure Agreements For Employees Eligible For...

The New Jersey Assembly recently introduced a bill (A3970) which if enacted, would eviscerate New Jersey employers’ abilities to enforce reasonable noncompetition agreements, nonsolicitation agreements, and non-disclosure...more

9/19/2013 - Non-Disclosure Agreement Proposed Legislation Restrictive Covenants Unemployment Benefits

Domestic Violence Victim Leave Law Enacted In New Jersey

On July 17, 2013, Governor Chris Christie signed into law S2177, the “New Jersey Security and Financial Empowerment Act,” which provides new leave rights to victims of domestic violence and sexual assault, and creates...more

7/22/2013 - Chris Christie Crime Victims Domestic Violence Employee Rights Employer Mandates Paid Leave

New Jersey Governor Signs Domestic Violence Victim Leave Law

On July 17, 2013, Governor Christopher Christie signed into law the “New Jersey Security and Financial Empowerment Act,” which becomes effective on October 1, 2013....more

7/22/2013 - Chris Christie Crime Victims Domestic Violence Paid Leave

New Jersey’s Social Networking Privacy Law Gets Conditional Veto by Gov. Christie

On April 5, 2013, Governor Chris Christie issued a conditional veto of New Jersey’s proposed “Facebook law” (A-2878), which is intended to prohibit employers from inquiring about or otherwise accessing applicants’ and...more

5/8/2013 - Facebook Legislative Vetoes Social Media Social Networking Online Protection Act Social Networks

FMLA Policy In Handbook Does Not Satisfy Individualized Notice Requirements Of FMLA, New Jersey District Court Holds

The Family and Medical Leave Act (FMLA) requires that employers provide both general notice to their employees of their rights under the FMLA and individualized notice to employees requesting or inquiring about leave. In...more

4/8/2013 - FMLA FMLA Guidebook Notice Requirements

New Jersey DOL Clarifies Overtime Exemption For Employees Of Common Carriers Of Passengers By Motor Bus

Under current state law, employees of a common carrier of passengers by motor bus are exempt from overtime. N.J.S.A. 34:11-56a4. However, the term “common carrier of passengers by motor bus” was never defined in the...more

4/8/2013 - Common Carriers Department of Labor & Industry Exempt-Employees Over-Time

The “New Jobs For New Jersey Act” Passes In Both The Senate And The Assembly

On February 7 and February 14, 2013, the “New Jobs for New Jersey Act” passed in the Senate (S2211) and the Assembly (A3312), respectively. ...more

4/8/2013 - Job Creation Tax Credits

New Jersey DOL Proposes Rule To Require Unemployment Applicants To Register For Work And Engage In Other Work Search Related...

Currently, an unemployment claimant must simply report to the Division of Unemployment Insurance by telephone, Internet, or mail as directed by the Division to be eligible for unemployment benefits....more

4/5/2013 - Department of Labor & Industry Internet Telecommunications Unemployment Unemployment Benefits Unemployment Insurance

Broad Social Media Privacy Bill Reaches New Jersey Governor’s Desk

On March 21, 2013, a broadly-worded social media privacy bill (A2878) received final legislative approval, and now awaits action by Governor Chris Christie. As discussed in several prior issues, this bill would bar an...more

4/5/2013 - Bring Your Own Device Chris Christie Hiring & Firing Job Applicants Passwords Social Media

Another Update: New Jersey’s New Pay Equality Notice Law

As we have previously discussed (September 24, 2012 alert and December 2012 eAuthority), a new law will require New Jersey employers, with 50 or more employees, to post and distribute (at various times) a notice to employees...more

1/5/2013 - Discrimination DOL Equal Pay Gender-Based Pay Discrimination Notice Requirements Title VII

Bill Introduced To Establish Two-Year Statute Of Limitations For Most New Jersey Civil Actions

On October 18, 2012, a bill (A3412) was introduced in the New Jersey Assembly to establish a default two-year statute of limitations for most civil actions. Significantly for employers, this would increase the statute of...more

12/14/2012 - Breach of Contract CEPA Defamation Retaliation Statute of Limitations

New Jersey Assembly And Senate Amend Domestic Violence Leave Bills

As previously reported in the July 2012 issue of the New Jersey eAuthority, several pending bills (A2919 and S2177) would require employers to provide unpaid leave to employees who are victims of domestic violence or sexual...more

12/14/2012 - Domestic Violence SAFE Act Safe Leave Sexual Assault Unpaid Leave

Bill Introduced To Allow Alternate Workers’ Compensation Programs Through Collective Bargaining

On November 19, 2012, a bill (A3423) was introduced that seeks to authorize the establishment, through collective bargaining, of alternate workers’ compensation programs. Such programs would include alternate dispute...more

12/14/2012 - Collective Bargaining Self-Insurance

Bill Proposed To Amend NJLAD To Prohibit Healthcare Benefit Discrimination

On November 19, 2012, a bill (A3444) was introduced in response to reports in the New Jersey Star Ledger that a bank purportedly provided unequal levels of health coverage to its male and female employees. The bill attempts...more

12/14/2012 - Compensation & Benefits Discrimination Employee Benefits Health Insurance Healthcare Sex Discrimination

New Jersey Assembly Passes Bill Amending Unemployment Insurance Benefits Disqualification Standards

On December 3, 2012, the Assembly passed a bill (A1874) that would amend New Jersey’s Unemployment Compensation Law regarding disqualification from unemployment insurance (UI) benefits for misconduct by claimants. The bill...more

12/14/2012 - Unemployment Benefits Unemployment Compensation System

No Negligent Hiring For Sexual Assault Where Employee’s Prior Misconduct Was Improper But Not Sexual In Nature, New Jersey...

In Gargano v. Wyndham Skyline Tower Resorts, a manager of a cleaning services company assigned to a Wyndham casino sued Wyndham for negligent hiring after she was sexually assaulted by a Wyndham employee. 2012 WL 5388949...more

12/14/2012 - Hiring & Firing Negligent Hiring Sexual Assault Wyndham

Denial Of Access To Donated Sick Leave Program Is Not A Failure To Accommodate, New Jersey Appellate Division Holds

In Queen v. City of Bridgeton, the Appellate Division held that an employer with no legal duty to provide paid leave does not violate the New Jersey Law Against Discrimination (NJLAD) for denying an employee’s request for the...more

12/14/2012 - Disability FMLA Medical Leave Paid Leave Reasonable Accommodation Unpaid Leave

Reminder: Annual CEPA Notice For Employers With 10 Or More Employees Must Be Distributed

Once again, we remind New Jersey employers with 10 or more employees of their annual obligation to distribute to their New Jersey employees the required notice under the Conscientious Employee Protection Act (CEPA)....more

12/14/2012 - CEPA Notice Requirements

Bills Proposed In New Jersey To Require Payment Of Unemployment Benefits During Lengthy Appeals

In late September, two bills (S2212 and A3309) were introduced which would provide that if a claimant appeals an unemployment determination and no decision is made within 60 days, he or she would be paid any benefits withheld...more

10/15/2012 - Hiring & Firing

Workplace Bullying Law Reintroduced In New Jersey

On September 24, 2012, the “Healthy Workplace Act” (A3249) was re-introduced, seeking once again to make workplace bullying, abuse, and harassment unlawful. The law would dramatically increase employers’ potential liability...more

10/15/2012 - Anti-Harassment Policies Harassment Healthy Workplace Act

“NJ SAFE Act” Would Require Unpaid Leave To Victims Of Sexual Assault Or Domestic Violence

Similar bills pending before the Assembly (A2919) and Senate (S2177), each entitled the “New Jersey Security and Financial Employment Act” or the “NJ SAFE Act,” would require employers with 25 or more employees to provide 20...more

10/15/2012 - Domestic Violence Leave of Absence SAFE Act Safe Leave Sexual Assault Unpaid Leave

City Of Newark Passes Ordinance Restricting Criminal Background Checks And Inquiries

Effective November 18, 2012, employers that have five or more employees, and do business or take applications for employment within the City of Newark, are generally prohibited from conducting criminal history inquiries on...more

10/15/2012 - Criminal Background Checks Hiring & Firing

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