News & Analysis as of

Conscientious Employee Protection Act Employer Liability Issues

Stevens & Lee

Can Terminating an Employee for Quarantining Violate New Jersey’s Whistleblower and Anti-Retaliation Laws?

Stevens & Lee on

In a case likely to be the first of many, a New Jersey Superior Court has ruled that an employee who takes medical leave due to COVID-19 symptoms and exposure may be protected by New Jersey’s whistleblower and...more

Faegre Drinker Biddle & Reath LLP

Not Every Whistleblower Is a “Whistleblower” under New Jersey’s CEPA

A recent decision issued by the Chief Judge of the United States District Court for the District of New Jersey is a reminder that not every employee who “blows the whistle” is a “whistleblower” protected under the New Jersey...more

Epstein Becker & Green

New Jersey Employers: Make Sure Your Workplace Notices and Employee Posters Are Up to Date

The year 2019 saw significant changes to New Jersey’s employment law landscape, including amendments to the Family Leave Act (“NJFLA”), the Family Leave Insurance law (“NJFLIL”), the Security and Financial Empowerment...more

Genova Burns LLC

Lax Adherence to Internal Company Policy Supports Cause of Action Under New Jersey’s Whistleblower Law

Genova Burns LLC on

The Conscientious Employee Protection Act (CEPA), New Jersey’s whistleblower law, prohibits all public and private employers from retaliating against employees who disclose, object to, or refuse to participate in certain...more

Seyfarth Shaw LLP

New Jersey’s Conscientious Employee Protection Act Requires Election of Remedies Before Summary Judgment

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. District Court for the District of New Jersey recently held that the proper time for a plaintiff to elect whether to proceed with a statutory whistleblower claim under CEPA, or a common law Pierce...more

Seyfarth Shaw LLP

’Tis The Season For New Jersey CEPA And Gender Equity Notices And Increased Minimum Wage

Seyfarth Shaw LLP on

Seyfarth Synopsis: 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 as well as an increase in the...more

Fisher Phillips

Volunteers Not Protected By New Jersey’s Whistleblower Law, Says Court

Fisher Phillips on

A New Jersey appeals court recently ruled that a volunteer firefighter was not an “employee” of the volunteer fire company from which he was expelled, rejecting his whistleblower claim and strictly interpreting the state’s...more

Jackson Lewis P.C.

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

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

Seyfarth Shaw LLP

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

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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

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

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

FordHarrison

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

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

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

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

Genova Burns LLC

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

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

Proskauer - Whistleblowing & Retaliation

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

Morgan Lewis

NJ Supreme Court Clarifies Employee “Protected Activity”

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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

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