On Tuesday, March 10th, the New Jersey Supreme Court issued its much anticipated decision in Wild v. Carriage Funeral Holdings, Inc., et al.,(A-91-18) (082836), affirming that a medical cannabis patient can assert a claim for...more
On February 18, 2020 Governor Phil Murphy announced new legislation aimed at amending New Jersey's Law Against Discrimination ("LAD") to set a new standard for businesses in New Jersey. ...more
New Jersey amended its existing WARN Act, otherwise known as the Millville Dallas Airmotive Plant Job Loss Notification Act ("NJ WARN Act"), and it will have significant impact on employers considering mass layoffs, transfers...more
The Lackawanna Court of Common Pleas in Pennsylvania held, in a matter of first impression, that language in the state’s Medical Marijuana Act ("MMA") creates a private right of action for an employee that is terminated for...more
Following on the heels of a much publicized incident in high school athletics, the New Jersey Division of Rights ("DCR") issued enforcement guidance ("Guidance") clarifying and explaining discrimination based on hairstyles,...more
On September 20, 2019, the Tenth Circuit held that cannabis industry employers are subject to the Fair Labor Standards Act (FLSA). Defendant contended that because the employer’s employment activities are in violation of the...more
On August 6, 2019, Acting Governor Sheila Oliver signed a bill (S-1790) imposing tougher penalties for "wage theft." The law significantly increases penalties for employers, including potential imprisonment for employers who...more
A combination of New Jersey court decisions and legislative actions have expanded and clarified New Jersey employer obligations for employees who are registered qualifying cannabis patients. ...more
On July 25, 2019, New Jersey Lt. Governor Sheila Oliver signed a bill prohibiting employers from asking job applicants their previous salary history. ...more
On June 5, 2019, Nevada became the first state to make it unlawful for employers to reject job applicants who test positive for cannabis. ...more
Last week, the Illinois legislature passed a landmark bill authorizing recreational marijuana. Shortly thereafter, Governor J.B. Pritzker tweeted that he looks forward to signing the bill into law. ...more
On April 9, 2019, the New York City Council approved a bill which will prohibit employers from testing prospective employees for marijuana in a pre-employment drug test....more
On March 27, 2019, the New Jersey Appellate Division reversed the lower court’s dismissal of a complaint that alleged discrimination based on an employee’s use of medical marijuana. ...more
Over a year after its initial introduction, and after enough time to draw speculation (and perhaps some dust) on Governor Murphy’s desk, the Governor has signed Bill S121 into law. ...more
On Tuesday, February 19, 2019, New Jersey Governor Phil Murphy signed into law Assembly Bill 3975 which expands the reach of several leave laws in the Garden State. Although the majority of the changes pertain to the state’s...more
On Monday, February 4, 2019, New Jersey Governor Phil Murphy signed into law a bill that gradually raises the minimum wage to $15 over the next five years....more
In January 2018, the District Court for the District of Colorado rejected a cannabis company's argument that it was not subject to the Fair Labor Standards Act (FLSA) because it was engaged in an industry "entirely forbidden"...more
In August of 2017, the U.S. District Court for the District of Connecticut made news when it ruled that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire someone who...more
As the number of states authorizing use of cannabis increases for both medical and adult (i.e., recreational) purposes, the ambiguities and issues for employers continue to grow. Regardless of expansion at the state level,...more
Earlier this year, several New Jersey Senators introduced Bill S121 aimed at prohibiting provisions in employment contracts or settlement agreements which have "the purpose or effect of concealing the details relating to a...more
In December 2017, we blogged about New Jersey Senate bill SB3518, which set forth sweeping restrictions that would limit the enforceability of non-compete agreements. Last week, the New Jersey Assembly Labor Committee...more
On May 3, 2018, New Jersey Governor Phil Murphy signed an Executive Order establishing the Task Force on Employee Misclassification (the "Task Force"). New Jersey already applies the more onerous "ABC test" for...more
The changes in New Jersey following the election of Governor Phil Murphy continue. On May 2, 2018, Governor Murphy signed the New Jersey Paid Sick Leave Act (the "Act"), making New Jersey the tenth state to guarantee...more
On April 24, 2018, New Jersey Governor Phil Murphy signed the Diane B. Allen Equal Pay Act that was passed by the legislature several weeks ago and is aimed at lessening the wage gap in the Garden State. The Equal Pay Act is...more
The #MeToo movement has empowered women and men to speak out about their personal experiences with sexual harassment in and around their professional environment. This can present itself in either a formal complaint to the...more