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New Jersey Lessens COVID-19 Restrictions on Non-Essential Construction Projects and Retail Businesses

Seyfarth Synopsis: Governor Murphy has signed multiple Executive Orders which will lessen the COVID-19 restrictions on non-essential construction projects and non-essential retail businesses, permit “car gatherings,” allow...more

New Jersey Takes Measures to Ensure Social Distancing and Slow the Spread of COVID-19

Seyfarth Synopsis:  As concerns about community spread of the 2019 Novel Coronavirus disease (“COVID-19”) mount, New Jersey has taken measures to ensure social distancing and help “flatten the curve” and slow the spread of...more

New Jersey: “Stay at Home” Order, Anti-Discrimination Law Amendment and “No Hoarding” Legislation in Response to COVID-19

Seyfarth Synopsis:  As described in our prior alerts here and here, Governor Murphy and the State Director of Emergency Management have executed increasingly restrictive legislation, executive orders and administrative orders...more

Updated: New Jersey Takes Measures to Ensure Social Distancing and Slow the Spread of COVID-19

UPDATE: On March 19, 2020, Governor Murphy and the State Director of Emergency Management announced an Administrative Order mandating the closure of all personal care businesses which cannot comply with social distancing...more

UPDATE: New NJ WARN Act Signed into Law "THOU SHALL NOT LEAVE"—A New Jersey Bill Awaiting Signature By the Governor Would...

UPDATE: On January 21, 2020, the Governor of New Jersey signed Senate Bill 3170 into law, pushing state law far past the corresponding federal requirements of the WARN Act. Governor Phil Murphy issued an omnibus press release...more

“THOU SHALL NOT LEAVE”—A New Jersey Bill Awaiting Signature By the Governor Would Dramatically Re-Write Existing Mass Layoff Laws

Seyfarth Synopsis: On Monday, January 13, 2020, the New Jersey state legislature passed Senate Bill 3170 which, if signed by the Governor, would result in sweeping changes to what was once a mass layoff notification statute...more

New Jersey Independent Contractor Legislation Temporarily Paused

Seyfarth Synopsis: The New Jersey bill that aims to push gig-economy workers and other independent contractors into the definition of “employees” was briefly paused at the end of the prior legislative session, but is expected...more

New Jersey Formally Amends The New Jersey Law Against Discrimination To Include Hairstyle Discrimination As A Form Of Illegal Race...

Seyfarth Synopsis: New Jersey Has Joined California and New York as the Third State to Formally Amend Its Anti-Discrimination Laws to Include Hairstyle Discrimination as a Form of Race-Based Discrimination. This Law is...more

New Jersey Releases Guidance Clarifying Stance on Hairstyle Discrimination

Seyfarth Synopsis: The New Jersey Division on Civil Rights recently released guidance clarifying that existing anti-discrimination laws prohibit employers from taking adverse employment actions or applying a grooming policy...more

Generation All: Managing Workplace And Candidate Pool Trends And Avoiding Age Stereotyping

Employers are challenged to manage demographic and technological changes. Technology is transforming the workplace at an accelerating rate. ...more

Phone, Wallet, Keys . . . Panic Button? Hotel Employee Panic Device Bill Advanced to New Jersey Senate for Further Consideration

Seyfarth Synopsis: On December 3, 2018, the New Jersey Senate Labor Committee unanimously advanced a bill that would require covered hotels to provide “panic devices” to certain employees. New Jersey joins the increasing...more

[Human Interaction]: Sent From My Workspace

The reality of technology replacing human workers is nothing new. Just ask yesteryear’s switchboard operators, film projectionists, highway and bridge toll collectors, checkout cashiers, and many others. With these changes,...more

Using Credit Histories In Employment Decisions: An Overview Of Divergent State & Local Requirements

Seyfarth Synopsis: Over the past few years, restrictions regarding the use of credit checks by employers on applicants and employees have been passed at various state and municipal levels, and the federal government has...more

New Jersey Governor Signs Executive Order Establishing Employee Misclassification Task Force

Seyfarth Synopsis: On May 3, 2018, Governor Phil Murphy signed an Executive Order establishing the Task Force on Employee Misclassification, which is effective immediately. ...more

New Jersey Court Expands Coverage: New Jersey Law Against Discrimination May Apply to Telecommuter Located in Massachusetts

Seyfarth Synopsis: On April 2, 2018, the New Jersey Appellate Division reversed an order granting summary judgment to Defendant Legal Cost Control, Inc., finding that New Jersey’s Law Against Discrimination (LAD) may apply to...more

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

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

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

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

Unpaid Volunteers Are Not Covered By New Jersey’s Whistleblower Law

Seyfarth Synopsis: New Jersey’s Appellate Division upheld summary judgment dismissing a claim of whistleblower retaliation under the Conscientious Employee Protection Act (“CEPA”), finding that plaintiff, an unpaid volunteer...more

Spokeo: On Remand From The U.S. Supreme Court, The Ninth Circuit Finds Plaintiff Has Standing, Again

Seyfarth Synopsis: Following remand from the U.S. Supreme Court, the Ninth Circuit found that the plaintiff suing Spokeo, Inc. under the Fair Credit Reporting Act alleged sufficient injury to establish standing to proceed in...more

New York City’s Fair Chance Act: Final Rules and Regulations

Seyfarth Synopsis: On August 5, 2017, the Final Rules and Regulations for the New York City Fair Chance Act (the “FCA”) go into effect. The FCA, which is enforced by the New York City Commission on Human Rights (the...more

A Ban on Ban-the-Box Laws? Texas and Indiana Introduce Legislation That Would Prohibit Municipal and County Ban-the-Box Laws...

Seyfarth Synopsis: In recent years, numerous cities and counties have enacted ordinances restricting the ability of public and private employers to inquire into the criminal histories of applicants during various stages of...more

New Jersey Appellate Division Declines to Find Section 301 Pre-Emption of Discrimination and Retaliation Claims

Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA....more

New York’s Highest Court Clarifies Who Can Be Liable for Discrimination Based on Criminal History

Seyfarth Synopsis: On May 4, 2017, New York’s highest court, the Court of Appeals, held that the New York State Human Rights Law (“NYSHRL”) prohibits employers from discriminating on the basis of criminal conviction history....more

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

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

UPDATE: Los Angeles Ban the Box - New Individualized Assessment and Reassessment Form

Seyfarth Synopsis: The City of Los Angeles recently issued its Rules and Regulations Implementing the Fair Chance Initiative For Hiring (Ban the Box) Ordinance, providing critical guidance to employers on compliance with the...more

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