Steven Luckner

Steven Luckner

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

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Legal Protections and Remedies for New Jersey Interns Are on the Horizon

On January 15, 2015, the New Jersey Intern Protection Act was approved by the Assembly Labor Committee and has been sent to the full Assembly for a vote. If adopted, this bill (S539, A3529) would provide interns with the same...more

2/13/2015 - Employer Liability Issues Internships New Legislation Unpaid Interns Wage and Hour

Employer Free to Monitor Employee’s Internet Browsing History, New Jersey Appellate Division Holds

On January 22, 2015, the New Jersey Appellate Division reaffirmed an employer’s right to monitor an employee’s use of his or her workplace computer, including a review of the employee’s Internet browser history. In Liebeskind...more

2/13/2015

Expert Medical Evidence Is Required to Prove Accommodations Offered Were Not Reasonable, New Jersey Appellate Division Holds

In a precedential opinion, the New Jersey Appellate Division rejected an agoraphobic plaintiff’s claim under the New Jersey Law Against Discrimination (LAD) for failure to provide a reasonable accommodation. The court held...more

2/12/2015 - ADA Employer Liability Issues Medical Examinations Reasonable Accommodation

Update to Regulations Governing the New Jersey Family Leave Act

The New Jersey Division on Civil Rights recently adopted revised regulations governing the New Jersey Family Leave Act (NJFLA), which employers will need to incorporate into their current family leave policies and procedures....more

12/30/2014 - Employer Mandates FMLA

Discussions Continue on Anti-Bullying Legislation

On December 8, 2014, the Senate Labor Committee met to discuss the Healthy Workplace Act (S280), a bill that would prohibit bullying in the workplace. We previously addressed this bill in our January 2014 issue when it was...more

12/30/2014

Arbitration Provisions Must Include Clear and Unambiguous Waiver of Claimant’s Right to Sue in Court, New Jersey Supreme Court and...

New Jersey employers with mandatory arbitration provisions seeking to compel the arbitration of employment disputes with their employees would be well-served to reexamine such provisions in light of recent decisions by New...more

12/29/2014 - Collective Bargaining Contract Drafting Employee Handbooks Employer Liability Issues Employment Contract Mandatory Arbitration Clauses Waivers

Six-Year Statute of Limitations Applies to Claims Under the New Jersey Wage Payment Law, New Jersey District Court Holds

A New Jersey federal court recently held that a six-year, not a two-year, statute of limitations applies to claims under the New Jersey Wage Payment Law, N.J.S.A. 34:11-4.1, et seq., that section of the New Jersey wage and...more

11/12/2014 - Employer Liability Issues Statute of Limitations Unpaid Wages Wage and Hour Wages

Mailing FMLA Notice of Rights to Absent Employee May Be Insufficient to Prove Receipt by Employee, Third Circuit Holds

Many employers send Family and Medical Leave Act (FMLA) paperwork to absent employees via the mail—regular, first class mail—because it is a reasonable, cost-effective way to get the notice to those employees at home....more

11/12/2014 - Appeals Employer Liability Issues FMLA Mail Notice Requirements Written Notice

New Jersey Department of Labor Amends Minimum Wage Regulations

The New Jersey Department of Labor amended N.J.A.C. 12:56-3.1 to reflect the recent amendment to the New Jersey Constitution that raised the minimum wage to $8.25 and created yearly increases to the minimum wage tied to the...more

11/11/2014 - DOL Employee Rights Minimum Wage Wages

New Jersey Department of Labor Considering Amending Unemployment Benefits Regulations

The New Jersey Department of Labor is considering a series of amendments to the unemployment benefits regulations to bring the regulations in line with P.L. 2010, c. 37, a law that significantly amended the standards for...more

11/11/2014 - DOL Unemployment Unemployment Benefits

New Jersey Division on Civil Rights Issues Amended Regulations on Employment Advertising

On June 23, 2014, the New Jersey Division on Civil Rights (DCR) issued amended regulations concerning employment advertisements. First, the prohibition on employment advertisements containing a preference for—or...more

11/11/2014 - Advertising Amended Regulation Civil Rights Act Employer Liability Issues Gender Identity Hiring & Firing Protected Class Recruitment Policies Same-Sex Marriage

New Jersey Considering State Law Providing Employees with Mandatory Paid Sick Leave

In light of the fact that several New Jersey cities have recently passed local ordinances requiring employers to provide paid sick leave to their employees, momentum is growing for the New Jersey legislature to pass a similar...more

11/10/2014 - Employee Rights Paid Leave Sick Leave

Several More New Jersey Cities Pass Paid Sick Leave Legislation

Following Newark and Jersey City’s lead, the cities of Passaic, East Orange, Paterson, and Irvington recently passed their own paid sick leave ordinances that will provide the majority of private employees working in those...more

11/10/2014 - Employee Rights Paid Leave Sick Leave

New Jersey Governor Christie Signs Ban the Box Law

On August 11, 2014, New Jersey Governor Chris Christie signed into law “The Opportunity to Compete Act”—also referred to as the “ban the box” law—adding New Jersey to the growing list of states where employers are prohibited...more

8/13/2014 - Ban the Box Criminal Background Checks Employee Rights Job Applicants

New Jersey Ban the Box Bill Revised Again, Advances to Governor Christie

On June 26, 2014, the New Jersey legislature approved the most recent iteration (A1999) of the “Opportunity to Compete Act” (also referred to as the “Ban the Box” bill), which will now be sent to Governor Chris Christie for...more

7/21/2014 - Ban the Box Criminal Records Job Applicants

New Jersey Senate Bill Would Prohibit Automatic Disqualification of Applicants Based on Criminal Record

On May 19, 2014, the Senate introduced two (essentially identical) bills (S2101 and S2102) that would prohibit public and private employers from automatically rejecting current or prospective employees based on their criminal...more

7/21/2014 - Ban the Box Criminal Records Job Applicants

New Jersey Bill Seeks to Expand Overtime and Minimum Wage Exemption to Private Summer Camp Employees

Currently, New Jersey overtime and minimum wage laws do not apply to summer camps (and other summer conferences and retreats) operated by non-profit or religious corporations or associations. On June 5, 2014, the Assembly...more

7/21/2014 - Employer Liability Issues Minimum Wage Non-Profits Over-Time Proposed Legislation Religious Institutions Wage and Hour

Reminder: Newark Sick Leave Ordinance Now In Effect

Newark’s Sick Leave Ordinance went into effect on June 21, 2014. For a detailed discussion of the ordinance, including how to comply with its notice and posting requirements...more

7/21/2014 - Employer Liability Issues New Regulations Notice Requirements Sick Leave

Bill Prohibiting Discrimination Against Unemployed Applicants Reaches New Jersey Governor’s Desk

On June 30, 2014, the New Jersey Legislature passed a bill (S1440) that would add unemployed applicants to the growing list of protected classes under New Jersey law. First referenced in the March 2014 issue of the New Jersey...more

7/21/2014 - Discrimination Employment Application Hiring & Firing New Legislation Unemployment

Nurse Fired for Refusing Flu Vaccine for Secular Reasons Entitled to Unemployment, New Jersey Appellate Division Holds

In Valent v. Board of Review, A-4980-11T2 (App. Div., June 5, 2014), the New Jersey Appellate Division ruled that a hospital employee who refused a flu shot for purely secular reasons was still eligible for unemployment...more

7/18/2014 - Corporate Counsel Termination Unemployment Unemployment Benefits

New Jersey Supreme Court Upholds Termination of Whistleblowing RN, Confirming Narrow Reading of CEPA

In Hitesman v. Bridgeway, Inc., A-73-12 (June 16, 2014), a registered nurse was fired after he complained to management about the rate of infectious diseases among patients, reported his concerns to governmental agencies, and...more

7/18/2014

Statute of Limitations Waiver in Employment Application Enforceable Against ESL Immigrant, New Jersey Appellate Division Holds

On June 19, 2014, the New Jersey Appellate Division continued recent willingness of New Jersey courts to enforce employment applications that shorten the statute of limitations for employment-related claims, this time...more

7/18/2014 - Employment Application Immigrants Selective Waivers Statute of Limitations Waivers

Employer’s Refusal to Rescind a Resignation Does Not Amount to Unlawful Retaliation, District Court of New Jersey Holds

The United States District Court for the District of New Jersey recently held that an employer’s refusal to rescind a resignation does not amount to unlawful retaliation under 42 U.S.C. § 1981 (which follows the same standard...more

7/18/2014 - Civil Rights Act Employer Liability Issues Resignation Retaliation Title VII

New Jersey Appellate Division Holds That the NJLAD Prohibits Discrimination Against Employees in the Process of Being Divorced

In Smith v. Millville Rescue Squad, 2014 WL 2894924 (App. Div. June 27, 2014), the Appellate Division held that the New Jersey Law Against Discrimination’s (NJLAD) prohibition against discrimination based on “marital status”...more

7/18/2014 - Discrimination Divorce Employer Liability Issues Marital Status

Newark, New Jersey Sick Leave Poster Now Available— Employers Must Act by June 21

On June 21, 2014, the Newark, New Jersey Sick Leave Ordinance (which we previously discussed in the March 2014 issue of the New Jersey eAuthority) will become effective. Beyond the primary requirements of the ordinance (i.e.,...more

6/19/2014

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