In State v. Saavedra (A-68-13, June 23, 2015), the New Jersey Supreme Court upheld the criminal indictment of a public sector employee who stole confidential documents to support her discrimination and retaliation claims. As...more
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
The New Jersey Supreme Court recently held that the Superior Court of New Jersey has concurrent jurisdiction with the New Jersey Division of Workers’ Compensation to adjudicate a worker’s employment status for purposes of...more
In Barnes v. Vibra Healthcare, LLC, No. 14-CV-5678 (D.N.J. May 26, 2015), the U.S. District Court for the District of New Jersey denied the employer’s motion to dismiss the plaintiff’s claim brought under the Family and...more
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
In Bonkowski v. Oberg Industries, Inc., (3d Cir. May 22, 2015), the Third Circuit Court of Appeals ruled that an employee who was admitted to the hospital moments after midnight, and who was discharged more than 14 hours...more
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
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
In a unanimous decision, the New Jersey Supreme Court recently adopted the employee-friendly “ABC” test to determine whether an individual is an employee or an independent contractor under New Jersey’s Wage Payment Law (which...more
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
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
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
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
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
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
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
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
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
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
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
On December 5, 2013, the Senate introduced a bill (S3087) that would permit employee leasing companies to have their unemployment insurance taxes determined on the basis of their client company’s experience rating. Under...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
A trial court judge recently held that Borgata Casino’s “Borgata Babes” program—its employment of scantily-clad, attractive casino servers who were required to watch their weight—did not run afoul of the New Jersey Law...more