News & Analysis as of

Conscientious Employee Protection Act

Jury Waiver And Arbitration Agreements Require Specificity

A recent New Jersey Appellate Division decision once again highlights the specificity required to enforce jury waivers or agreements to arbitrate employment disputes. In Noren v. Heartland Payment Systems, Inc., ___ N.J....more

Port Authority Not Subject to Worker-Friendly New Jersey Whistleblower Law, State Court Rules

by Jackson Lewis P.C. on

The Port Authority of New York and New Jersey is not subject to suit under New Jersey’s expansive whistleblower statute, the Conscientious Employee Protection Act, the New Jersey Appellate Division has held. Sullivan v. Port...more

China opens up the securities investment fund management industry: the first in a journey of ten thousand steps?

by Hogan Lovells on

On 30 June 2016, the industry self-regulating body, the Asset Management Association of China published what, on the face of it, appeared to be a fairly innocuous document entitled Questions and Answers regarding the...more

NJ Court Rules That Unemployment Benefits Do Not Offset Back Pay Awards

by Seyfarth Shaw LLP on

Seyfarth Synopsis: New Jersey’s Appellate Division determined that an award of unemployment compensation benefits will not offset an award of back pay in cases brought under the New Jersey Law Against Discrimination. ...more

New Jersey Court Strikes Down ‘Ambiguous’ Jury-Waiver Agreement

New Jersey employers wishing to have employees sign jury-waiver agreements should take note of a recent Appellate Division decision, Noren v. Heartland Payment Systems, Inc., which reaffirms that a jury-waiver provision (like...more

Canada Publishes Draft Assessment Of Fungus For Biofuels Production

by Bergeson & Campbell, P.C. on

On February 4, 2017, the Canadian Department of the Environment and the Department of Health published in the Canada Gazette the draft screening assessment of the commercially relevant fungus, Trichoderma reesei, stating that...more

New Jersey Proposes Transparency Law for Whistleblower Settlements

by Saul Ewing LLP on

The New Jersey State Legislature has proposed a new bill (A-4243) that would require the State or its entities to publicly disclose the details of settlement agreements under its whistleblower protection law, the...more

Does New Jersey's Conscientious "Everyone" Protection Act Trump the NLRB's Exclusive Jurisdiction? State Supreme Court says "Yes"...

by FordHarrison on

Executive Summary: Just when employers thought New Jersey's Supreme Court could not expand the state's whistleblower law further (as we reported last summer), the Conscientious Employee Protection Act (CEPA) once again has...more

Wrap-Up of Federal and State Chemical Regulatory Developments, August 2016

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/IRIS/NTP/TRI - EPA Releases TRI Preliminary Dataset For Calendar Year 2015: On July 20, 2016, the U.S. Environmental Protection Agency (EPA) announced the availability of the Toxics Release Inventory (TRI)...more

New Jersey Supreme Court Takes on Preemption of CEPA Whistleblower Claims

by Seyfarth Shaw LLP on

On Wednesday, January 6, 2016, the New Jersey Supreme Court heard arguments in Puglia v. Elk Pipeline, Inc., on whether claims under the New Jersey Conscientious Employee Protection Act (“CEPA”) were preempted by the federal...more

New Jersey Annual Notice Reminders With Deadlines Fast Approaching

New Jersey employers should be aware of two impending annual notice requirements. First, employers must distribute to each employee working in New Jersey a written copy of the Gender Equity Notice on or before December 31...more

’Tis the Season for New Jersey CEPA and Gender Equity Notices

by Seyfarth Shaw LLP on

It is once again that time of year when we remind our clients with operations in New Jersey of their obligation to distribute certain required notices to their employees. First, those employers with 10 or more employees,...more

New Jersey Supreme Court’s New Year’s Docket to Include a Matter that Could Affect Whistleblower Claims

On January 5, 2016, the New Jersey Supreme Court is scheduled to hear oral argument in a matter suggesting that section 301(a) of the Labor Management Relations Act of 1947 (“LMRA”) (which creates a federal cause of action...more

California's Equal Pay Act Amended to Provide Additional Protections for Workers Against Gender-Based Wage Differentials

by McGuireWoods LLP on

On Oct. 6, 2015, California Governor Jerry Brown signed into law Senate Bill 358 (SB 358), amending California’s Equal Pay Act (CEPA) to make it easier for workers to discover and prove the existence of unlawful gender-based...more

Canadian Government to Ban Microbeads in Personal Care Products

Microbeads are synthetic polymer particles manufactured to be larger than 0.1 micrometer and smaller than or equal to five millimeters and are commonly used in personal care products such as scrubs, bath products, facial...more

New Jersey Supreme Court Holds Just Doing Your Job May Be Whistleblowing

On July 15, 2015, the New Jersey Supreme Court held that the protections of the Conscientious Employee Protection Act (CEPA) extend to so-called “watchdog” employees—those employees whose regular job duties involve monitoring...more

Whistleblower Must Identify the Law, Rule, or Regulation Violated by the Employer Prior to the Summary Judgment Stage, District...

The U.S. District Court of New Jersey recently reaffirmed that under New Jersey’s whistleblower law, the Conscientious Employee Protection Act (CEPA), a plaintiff asserting that her employer’s conduct is incompatible with a...more

New Jersey Court Affirms $192,000 Fee Award Against Whistleblower Plaintiff

by Seyfarth Shaw LLP on

Earlier this week, employers in the Garden State saw another glimmer of hope for defending against frivolous claims brought under New Jersey’s whistleblower statute, the Conscientious Employee Protection Act (“CEPA”),...more

N.J. High Court Rules “Watchdog” Employees Protected Under State Whistleblower Law

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

New Jersey Supreme Court Rules that CEPA is a Watchdog’s Best Friend

by Genova Burns LLC on

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

New Jersey's Conscientious "Everyone" Protection Act? State Supreme Court says "Yes"

by FordHarrison on

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

Quinlan Revisited: Employees Who Steal Personnel Records May Not Necessarily Be Fired, But At Least They May Be Prosecuted

by Littler on

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

NJ Whistleblowers May Face Criminal Charges for Theft of Company Documents

by Morgan Lewis on

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

Canada Begins Review of SNAc Orders and Notices for Nanomaterials

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

CEPA Roundup

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

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