Mark Diana

Mark Diana

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Latest Posts › Hiring & Firing


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

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 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

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 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

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

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

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

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

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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