On July 15, 2015, the Supreme Court of New Jersey ruled that an employee who monitors corporate compliance—a so-called “watchdog” employee—can engage in protected activity by blowing the whistle under the New Jersey...more
On July 15, 2015 in a 5-0 decision, the Supreme Court of New Jersey issued its long awaited decision in Lippman v. Ethicon, Inc., which affirmed and modified the Appellate Division’s ruling that employees, whose core job...more
As we previously forecast and employers feared, New Jersey's Supreme Court has dramatically expanded the state's whistleblower law, the Conscientious Employee Protection Act or "CEPA." In doing so, the Court held that...more
Five years ago, in Quinlan v. Curtiss-Wright Corporation, the New Jersey Supreme Court ruled that a trusted employee's act of stealing and using her employer's confidential personnel documents in furtherance of her...more
The Supreme Court of New Jersey affirms an employee’s indictment for taking an employer’s confidential documents without authorization, allegedly to support discrimination and retaliation claims.
In a decision issued on...more
On January 28, 2015, Environment Canada announced that, with Health Canada, it has initiated a review of significant new activity (SNAc) orders and notices currently in place under the Canadian Environmental Protection Act...more
In recent weeks, New Jersey’s primary whistleblower statute—the Conscientious Employee Protection Act (“CEPA”)—has been the subject of increased judicial scrutiny.
In Hitesman v. Bridgeway, Inc., 214 N.J. 235 (2014),...more
On May 13, 2014, the New York State Court of Appeals ruled that, under Labor Law §740(2), also known as the “whistleblower statute,” the complaint need not identify a specific law or rule allegedly violated by the employer to...more
On March 14, 2014, the New Jersey Supreme Court granted certification in Lippman v. Ethicon, Inc., 432 N.J. Super. 378 (App. Div. 2013), agreeing to review whether “watchdog” employees, i.e., employees responsible for...more
Appellate Division Roundup -
In recent months, New Jersey's Appellate Division has rendered three significant employment law decisions.
State v. Saavedra, No. A-1449-12T4, 2013 N.J. Super. LEXIS 185 (App. Div....more
On December 5, 2013, the New Jersey State Senate introduced S-3064 to protect unpaid interns from employment discrimination by amending the Law Against Discrimination ("LAD"), the Conscientious Employee Protection Act...more
The protections of the New Jersey Conscientious Employee Protection Act (CEPA) do not extend to partners with significant control over their company. In Largie v. TCBA Watson Rice, LLP, 2013 WL 4487456 (D.N.J. Aug. 20, 2013)...more
Once again, we remind New Jersey employers with 10 or more employees of their annual obligation to distribute to their New Jersey employees the required notice under the Conscientious Employee Protection Act (CEPA). The...more
Hedden v. Kean University, A-4999-12T2, decided by the New Jersey Appellate Division on October 24, 2013, provides a tutorial on the ability of low to mid level employees to create privileged attorney-client communications,...more
On September 4, 2013, the New Jersey Appellate Division in Lippman v. Ethicon, Inc., Docket No. L–9025–06, 2013 WL 4726834 (App. Div. September 04, 2013), reversed a ruling by the Superior Court, Law Division granting summary...more
In Hitesman v. Bridgeway Inc., 430 N.J. Super. 198 (App. Div. March 22, 2013), the New Jersey Appellate Division held that an employee’s difference of opinion with his health care employer, concerning the steps the hospital...more
On July 17, 2013, the New Jersey Supreme Court held that a plaintiff need not demonstrate an actual violation of the New Jersey Law Against Discrimination (NJLAD), let alone an identifiable victim, to prove a claim of...more
In Stapleton v. DSW, Inc., 2013 WL 1137119 (D.N.J., March 20, 2013), a retail store employee observed a child whom she suspected was being neglected by her parent, a shopper in the store. The employee lodged a report with the...more
On October 1, 2013, the “New Jersey Security and Financial Empowerment Act” (NJ SAFE Act) becomes effective, which in addition to providing new leave rights to victims of domestic violence and sexual assault, creates yet...more
In Lippman v. Ethicon, Inc., No. A-4318-10T2 (N.J. App. Div., Sept. 4, 2013), the New Jersey Appellate Division held that a pharmaceutical employee hired to be a watchdog—his job was to bring forth issues regarding the safety...more
On August 28, 2013, New Jersey Governor Chris Christie signed A-2648 to add a new non-retaliation pay equity measure to the Law Against Discrimination ("LAD") (hereinafter, the "amendment" or "law")....more
The ruling provides guidance as to what employee conduct is protected under the antiretaliation provisions of two key state laws.
On July 17, the Supreme Court of New Jersey issued a decision in Battaglia v. United...more
Right after the U.S. Supreme Court issued decisions favoring employers in a variety of employee lawsuits based on federal statutes, including retaliation under Title VII, the New Jersey Supreme Court has moved that state in...more
In a recent lawsuit before the Superior Court of New Jersey in Hudson County, a jury unanimously awarded $2.1 million in punitive damages to a hospital lab technician after finding his employer retaliated against him for...more
A plaintiff cannot succeed in whistleblower litigation against his former employer without demonstrating a specific, objectively reasonable belief that the employer violated a law or public policy, according to a recently...more
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