Mark Diana

Mark Diana

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

Final New Jersey Ban-the-Box Regulations Issued Today, Effective Immediately

The New Jersey Department of Labor and Workforce Development (NJDOL) published its long awaited, final “ban-the-box” regulations today, which take effect immediately. The final regulations, and the NJDOL’s comments to the...more

12/8/2015 - Ban the Box Employer Liability Issues Hiring & Firing Job Applicants Screening Procedures

New Jersey Arbitration Agreement Declared Invalid Without Express Waiver of Employee’s “Right to a Trial”

Many employers have turned to mandatory employment arbitration agreements as a way to control the cost, duration, and publicity of employment litigation. New Jersey courts will enforce properly drafted agreements that require...more

9/5/2015 - Arbitration Arbitration Agreements Contract Drafting Contract Terms Discrimination Employer Liability Issues Employment Contract Mandatory Arbitration Clauses Retaliation Waivers

New Jersey “Ban the Box” Regulations Are on the Way

On February 25, 2015, the New Jersey Department of Labor and Workforce Development (NJDOL) published draft proposed regulations to implement the New Jersey Opportunity to Compete Act, otherwise known as the “ban the box” law....more

2/27/2015

New Jersey Supreme Court Reshapes Sexual Harassment Claims

On February 11, 2015, the New Jersey Supreme Court issued a landmark ruling that will reshape hostile work environment sexual harassment cases brought under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49...more

2/12/2015 - Discrimination Employer Liability Issues Faragher/Ellerth defense Hostile Environment NJ Supreme Court Sexual Harassment

New Jersey Ban the Box Reminder

New Jersey employers should start preparing for the state’s “ban the box” bill, formally known as the “Opportunity to Compete Act,” which goes into effect on March 1, 2015. For our answers to frequently asked questions about...more

12/30/2014 - Ban the Box Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants

FAQs About the New Jersey Opportunity to Compete Act (aka New Jersey’s “Ban the Box” Law)

New Jersey’s Opportunity to Compete Act (also known informally as the New Jersey “ban the box” law), N.J.S.A. 34:6B-11 et seq., goes into effect on March 1, 2015. The new law restricts most employers’ ability to request...more

12/15/2014 - Ban the Box Conditional Job Offers Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants

New Jersey Workplace Poster Requirements Continue to Grow

New Jersey employers may need to put “bigger bulletin board” on their holiday list this year as the number of required workplace posters continues to grow, especially with the proliferation of municipal paid sick leave laws....more

11/20/2014 - Municipalities New Legislation Posting Requirements

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 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

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