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Federal Court Rules that Medical Marijuana User’s Claim Under State Law is Not Preempted by Federal Statutes

The United States District Court of the District of Connecticut became the first federal court to issue a ruling that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire...more

Labor and Employment Law Roundup – The Year in Review

Employers have been buffeted over the last several years by significant changes in labor and employment laws at the federal, state and local levels, and 2015 was no exception. As the year draws to a close, here is a recap of...more

New Jersey Appellate Division Holds that Mandatory Arbitration Provisions Contained in Employee Handbooks are Unenforceable

New Jersey employers’ mandatory arbitration policies are likely to be found unenforceable when contained in an employee handbook, the New Jersey Appellate Division recently ruled. In C.M. v. Maiden Re Insurance Services, LLC,...more

DOL: Most Workers are Employees Under the FLSA

“Most workers are employees under the FLSA [federal wage and hour law],” the Department of Labor asserted last week in Guidance discussing what it described as the “problematic trend” of misclassifying workers as independent...more

New Jersey Enacts “Ban the Box” Law Restricting New Jersey Employers from Inquiring into Criminal History of Job Applicants

On August 11, 2014, New Jersey Governor Chris Christie signed the Opportunity to Compete Act which restricts New Jersey employers from seeking information regarding a job applicant’s criminal history. Under the Act, covered...more

New Jersey Enacts Law Banning Pregnancy Bias in the Workplace

In January 2014, New Jersey continued its recent trend of legislative actions addressing women’s health and safety issues by enacting New Jersey’s Pregnant Workers Fairness Act (“Pregnancy Act”). This act expressly bans...more

New Jersey Becomes Latest Jurisdiction to Pass Social Media Privacy Laws for Employees

On August 29, 2013, New Jersey became the latest jurisdiction to enact legislation which prohibits employers from requiring job candidates or current employees to provide their user names and passwords to personal social...more

Bill introduced in New Jersey Legislature would invalidate restrictive covenants for individuals collecting unemployment benefits

Currently pending in the New Jersey State Legislature is a bill that, if passed, would invalidate any covenant, contract or agreement not to compete, not to disclose or not to solicit, entered into by any individual with the...more

Employer's distribution of a memo tying reduction in hours to employee's wage complaint supports a New Jersey CEPA claim

Earlier this month, the New Jersey Appellate Division issued a decision, which found that sending employees a memo that hours would be cut because one of the staff brought a wage-and-hour claim, could constitute an "adverse...more

11/30/2012  /  CEPA , Retaliation , Wage and Hour
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