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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 - 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

New Jersey Bill Seeks To Make Independent Contractor Relationship Onerous And Risky

On September 27, 2012, a bill (A3310) was introduced that seeks to place onerous requirements on employers that engage independent contractors (for $600 or more), and that would impose significant damages and penalties for...more

10/15/2012 - Hiring & Firing Independent Contractors

New Pay Equality Poster and Notice Law Enacted in New Jersey

On September 21, 2012, New Jersey Governor Chris Christie signed into law a bill that will require New Jersey employers with 50 or more employees to post and distribute to employees a notice of their right to be free from...more

9/25/2012 - Discrimination Gender-Based Pay Discrimination Sex Discrimination

Non-Probationary Employee Not Proper Comparator For Probationary Employee, Third Circuit Holds

In Mercado v. Donahoe, No. 11-2972, 2012 U.S. App. LEXIS 13226, (3rd Cir. June 26, 2012), the plaintiff, a probationary part-time employee, sued his employer alleging that he had been discriminated against on the basis of his...more

8/16/2012 - Discrimination Probationary Period Racial Discrimination Sex Discrimination Substantially Similar

Conditional Certification Of FLSA Misclassification Claim Denied By New Jersey District Court To Putative Class Of Assistant Store...

In Harriel v. Wal-Mart Stores, Inc., No. 11-2510 (MLC), 2012 U.S. Dist. LEXIS 97527, (D.N.J. July 13, 2012), the District Court of New Jersey denied the plaintiff’s motion for conditional certification as an FLSA collective...more

8/16/2012 - Class Action Class Certification FLSA Misclassification Non-Exempt Employees Wal-Mart

Unreviewed NJDOL Determination Not Binding In Subsequent Lawsuit, New Jersey District Court Rules

In Kiernan v. AAA Mechanical, Inc., No. 10-4421 (MLC), 2012 U.S. Dist. LEXIS 90655, (D.N.J. June 29, 2012), the plaintiff sued her employer for overtime compensation under the New Jersey Wage and Hour Law shortly after the...more

8/16/2012 - Unpaid Overtime Wage and Hour Wages

FMLA Does Not Prohibit Termination Of Employee Who Abuses Leave Or Engages In Misconduct During Leave, Third Circuit Holds

In Warwas v. City of Plainfield, No. 11-1736, 2012 U.S. App. LEXIS 15324, (3rd Cir. July 25, 2012), an employee terminated while on FMLA leave sued for interference with her FMLA rights. The employer asserted it terminated...more

8/16/2012 - FMLA FMLA Abuse Hiring & Firing Termination

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