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Employer’s Handbook Disclaimer Renders Agreement To Arbitrate Unenforceable, New Jersey District Court Holds

Employee handbooks typically contain an overview of company history, a set of employment policies and general guidance, and a clear and prominent disclaimer that nothing in the handbook creates a contract of employment...more

3/28/2014 - Arbitration Arbitration Agreements Employee Handbooks Void and Unenforceable

Removal From Key Account And Placement On Performance Improvement Plan Not “Adverse Employment Actions,” New Jersey District Court...

In order to state a retaliation claim under the federal Family and Medical Leave Act (FMLA), a plaintiff must establish that his employer took an adverse employment action against him that was causally related to his FMLA...more

3/28/2014 - Adverse Employment Action Employer Liability Issues FMLA

Bill Introduced To Assist Unemployed Job Applicants In New Jersey

On February 27, 2014, a bill (S1440) was introduced in the Senate that would prohibit employers from basing employment decisions on an applicant’s unemployed status. The bill would supplement an existing law that prohibits...more

3/27/2014 - Job Applicants Unemployment

New Jersey’s Version Of “Ban The Box” Bill Reintroduced To Senate

“The Opportunity to Complete Act” (last mentioned in the February 2013 issue of the New Jersey eAuthority) was reintroduced to the state Senate on February 28, 2014. The bill still prohibits the use of criminal background...more

3/27/2014 - Background Checks Ban the Box Criminal Background Checks Employee Rights Job Applicants

New Bill Would Suspend Interest Payments On Mortgages For Employees Aggrieved By Violations Of The New Jersey WARN Act

On February 25, 2014, a bill was introduced and referred to the Senate Commerce Committee that would allow employees to suspend payment of interest on their mortgages if they were affected by a violation of the Millville...more

3/26/2014 - Mortgages WARN Act

New Jersey Legislators To Withhold Payment From State Vendors That Owe Unemployment Contributions

On February 27, 2014, the chair of the state Senate Labor Committee proposed a bill that would withhold payments by the state to vendors that are delinquent in their unemployment insurance contributions....more

3/26/2014 - Unemployment Benefits Vendors

Newark, New Jersey Mayor Signs Sick Leave Ordinance Into Law

In our February 2014 issue of the New Jersey eAuthority, we reported that the Newark City Council had approved a sick leave ordinance that would provide the majority of private employees working in Newark with mandatory paid...more

3/26/2014 - Employee Rights Paid Leave Sick Leave

Newark Close To Becoming Next City To Approve Sick Leave Ordinance

On January 28, 2014, the Newark City Council approved a sick leave ordinance that would require most private employers in Newark to provide their workers with paid time off. If the mayor of Newark signs this ordinance, Newark...more

2/21/2014 - Employee Benefits Employee Rights Sick Leave

Governor Christie Signs New Jersey Pregnancy Bill Into Law

In the November 2013 and January 2014 issues of the New Jersey eAuthority, we reported on the Senate and Assembly’s passage of a bill (S2995) expanding employment protections for pregnant women. On January 21, 2014, Governor...more

2/21/2014 - Pregnancy Pregnancy Discrimination Reasonable Accommodation

Governor Signs Bill Aiming To Count Time Missed Due To A State Of Emergency In Determining Eligibility For Certain Leave Benefits

In the November 2013 issue of the New Jersey eAuthority, we reported on a bill (S2996) seeking to expand eligibility for state leave and disability benefits for employees who have been laid off or furloughed due to a declared...more

2/21/2014 - Disability Benefits Employee Benefits Paid Leave State of Emergency Unpaid Leave

Governor Signs Law Providing New Jersey Employee Leasing Companies With Choice For Unemployment Insurance Taxes

In the January 2014 issue of the New Jersey eAuthority, we reported that the Senate had introduced a bill (S3087) that would permit employee leasing companies to have their unemployment insurance taxes determined on the basis...more

2/21/2014 - Unemployment Unemployment Benefits Unemployment Insurance

Governor Signs Law Modifying New Jersey “Shared Work Programs”

On January 22, 2014, Governor Chris Christie signed into law a bill (S2741) that modifies short-time unemployment benefits as they relate to employees in shared work programs. “Shared work programs” refer to programs...more

2/21/2014 - Unemployment Unemployment Benefits

Maximum Weekly Benefits For New Jersey Unemployment, Temporary Disability And Family Leave Insurance, And Workers’ Compensation...

Effective January 1, 2014, the maximum weekly benefit for individuals eligible to collect unemployment insurance increased from $624 to $636; the maximum weekly benefit for state plan temporary disability and family leave...more

2/21/2014 - Unemployment Unemployment Benefits

Taking Documents To Support Discrimination Claims Can Be Prosecuted As Theft, Notwithstanding Quinlan, New Jersey Appellate...

In State v. Saavedra, 2013 WL 6763248 (App. Div. Dec. 24, 2013), a public sector employee learned that he could be indicted for criminal theft for taking his employer’s highly confidential, original documents...more

2/20/2014 - Discrimination Evidence Public Employees Theft

“New Jersey Job Protections Act” Would Require Use Of E-Verify By New Jersey Employers

In January 2014, both the Senate and Assembly introduced bills (S354 and A101) that would require all New Jersey employers to use the federal “E-Verify” system to check the employment eligibility of each new hire, within 90...more

2/20/2014 - E-Verify Immigrants USCIS Visas

“New Jobs For New Jersey Act” Would Provide Tax Benefits To Smaller Private Employers Hiring Unemployed Workers

On January 6, 2014, the Senate introduced a bill (S153) that would provide incentives to small private sector employers that increase their workforce by hiring unemployed workers. Under the legislation, employers with 100 or...more

2/20/2014 - Small Business Tax Benefits Unemployment

Bill Would Expand Female Employees’ Rights Regarding Breastfeeding In The Workplace

On January 9, 2014, the Senate reintroduced a bill (S218), which would amend the New Jersey Law Against Discrimination to make it a civil rights violation for an employee to be fired or otherwise discriminated against because...more

2/20/2014 - Breastfeeding Pregnancy Discrimination Reasonable Accommodation Rest and Meal Break

New Jersey Pregnancy Bill Sent To Governor Christie

In the November 2013 issue of the New Jersey eAuthority, we reported on the Senate’s passage of a bill (S2995) expanding employment protections for pregnant women by...more

1/17/2014 - Chris Christie Compliance Pregnancy Pregnancy Discrimination Protected Class

New Jersey Gender Equity Notice Now Available In Spanish, And With Draft Acknowledgment

As we reported in the December 10, 2013 issue of the New Jersey eAuthority, the New Jersey Department of Labor (NJDOL) recently made available the gender equity notice. Effective January 6, 2014, the gender equity notice must...more

1/17/2014 - DOL Equal Pay Equal Pay Act Gender Equity

Jersey City Issues Sick Leave Ordinance Posters

In the November 2013 issue of the New Jersey eAuthority, we reported on Jersey City’s adoption of an ordinance taking effect on January 24, 2014, which mandates that all businesses operating in Jersey City provide sick leave...more

1/17/2014 - Compliance Sick Leave

Bill Introduced To Extend New Jersey Employment Discrimination Protections To Unpaid Interns

On December 5, 2013, the Senate introduced a bill (S3064) seeking to extend legal protections and remedies to unpaid interns by amending three state statutes: the Law Against Discrimination, the Conscientious Employee...more

1/16/2014 - Discrimination Internships Unpaid Interns

Bill Introduced To Ban Discrimination In Employment In New Jersey On The Basis Of Familial Status

Under current law, discrimination on the basis of familial status is prohibited under the New Jersey Law Against Discrimination (NJLAD) only in housing. On November 18, 2013, the Assembly introduced a bill (A4465) amending...more

1/16/2014 - Anti-Discrimination Policies Compliance

Bill Introduced To Bar New Jersey Public Entities From Entering Into Confidential Settlement Agreements

On November 26, 2013, the Assembly introduced a bill (A4498) to prohibit confidentiality in any agreement to settle a claim or action in which a public entity or public employee (in his or her capacity as a public employee)...more

1/16/2014 - Confidentiality Employer Liability Issues Public Entities Settlement

New Jersey Supreme Court To Revisit Employer Liability For Sexual Harassment By Supervisors

On November 6, 2013, the New Jersey Supreme Court granted certification in Aguas v. State of New Jersey, 2013 WL 1136115 (App. Div. Mar. 20, 2013), a pro-employer ruling on the issue of employer liability for sexual...more

1/15/2014 - Anti-Harassment Policies Department of Corrections Employer Liability Issues Sexual Harassment Supervision

Proposed Amendments To New Jersey Wage Payment Law Would Permit Payment By Debit Cards

On November 18, 2013, the Assembly introduced a bill (A4424) amending the current wage payment law to permit employers to pay wages by deposit in a payroll debit card account. This practice...more

1/15/2014 - Debit Cards Payroll Cards Wages

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