Non-Disparagement Settlements in New Jersey, DOL's AI Guidelines, OSHA Regions Shift - Employment Law This Week®
The Attorney General of New Jersey and the Director of the New Jersey Division on Civil Rights jointly commenced a lawsuit against the Virtua Health System and its constituent hospitals alleging that its policy and practices...more
On July 31, 2024, the New Jersey Appellate Division issued its ruling in New Jersey REALTORS® v. Township of Berkeley, upholding a trial court’s decision invalidating a municipal ordinance requiring that the owners of units...more
The Supreme Court of New Jersey recently issued a decision in Savage v. Twp. Of Neptune, (A-2-23)(087229), 257 N.J. 204 (2024) (slip. op.) holding the parties’ non-disparagement provision to be unenforceable as it was found...more
On June 3rd, the New Jersey Division on Civil Rights (the “DCR”) proposed a new rule, N.J.A.C. 13:16, that codifies claims of disparate impact discrimination under the Law Against Discrimination (the “LAD”)....more
The New Jersey Division on Civil Rights (DCR) recently issued a proposed rule which, if adopted, would codify and set forth the legal standard required in disparate impact claims brought under the New Jersey Law Against...more
Requests by a resident to have an emotional support animal that would violate a housing unit’s occupancy agreement must be analyzed under the New Jersey Law Against Discrimination, the New Jersey Supreme Court has ruled. As...more
Andriani v. Hudson Cnty. Sch. of Tech., No. A-1704-22, 2024 WL 464577 (N.J. Super. Ct. App. Div. Feb. 7, 2024) - This appeal involved the analysis of the accrual date in the context of a constructive discharge claim brought...more
The New Jersey Division on Civil Rights (DCR) issued guidance in May 2024 regarding the applicability of the New Jersey Law Against Discrimination (LAD) to remote employees working outside New Jersey for a New Jersey...more
This week, we’re highlighting recent updates across the state and federal employment landscapes, including the New Jersey Supreme Court’s non-disparagement ruling, the U.S. Department of Labor’s (DOL’s) new artificial...more
On May 7, 2024, the Supreme Court of New Jersey invalidated an otherwise valid settlement agreement solely because the agreement contained a “non-disparagement provision,” the scope of which the court found “would bar...more
On May 7, 2024, the New Jersey Supreme Court (the Court) unanimously held that non-disparagement clauses with the purpose or effect of concealing the details of discrimination, retaliation, or harassment cannot be included in...more
In a significant opinion affecting employers, the New Jersey Supreme Court has placed strict limits on the scope of “nondisparagement” clauses in settlement agreements that impact the ability of victims of harassment,...more
On January 9, 2024, a new bill was introduced to the Assembly Labor Committee in the New Jersey Legislature (Bill A2443) that may have the effect of lowering the standard for a claim of unlawful harassment. The Bill’s stated...more
The New Jersey State Senate recently voted 22-14 to approve Bill S1602, which expands the state’s Law Against Discrimination to include weight and height as protected characteristics. The current Law Against Discrimination...more
On January 12, 2024, New Jersey Governor Phil Murphy signed the New Jersey Domestic Workers Bill of Rights Act (S-723/A-822) (the “Act”) into law. The new law not only supports domestic workers’ rights and expands their legal...more
On January 9, 2024, in Krassowski v. Bloomberg L.P., the New Jersey Appellate Division unanimously affirmed a trial court’s grant of summary judgment in favor of an employer that had well-documented proof of an employee’s...more
On January 12, 2024, Governor Phil Murphy signed the New Jersey Domestic Workers Bill of Rights Act (S-723/A-822), establishing a broad range of rights and employment protections for domestic workers. Domestic workers were...more
Employment Plaintiff attorneys often include an “aiding and abetting” claim against the “deep pocket” employer when they sue for employment discrimination under the New Jersey Law Against Discrimination. This blog will...more
On August 14, 2023, the New Jersey Supreme Court issued an opinion in Crisitello v. St. Theresa School finding in favor of a catholic school that was sued for pregnancy and marital-status discrimination by a former teacher...more
The New Jersey Division of Civil Rights (DCR) recently issued guidance on how the DCR will enforce the New Jersey Law Against Discrimination following the U.S. Supreme Court’s decision in 303 Creative LLC v. Elenis....more
The New Jersey Superior Court, Appellate Division has issued a published decision holding that, under the facts of the particular case, COVID-19 alone is not a disability under the New Jersey Law Against Discrimination...more
On May 1, 2023, in Onukogu v. New Jersey State Judiciary, the Superior Court of New Jersey, Appellate Division affirmed the trial court’s grant of summary judgement in favor of the employer, affirming the dismissal of the...more
On May 17, 2023, in Schoenberg v. The Devereux Foundation, the New Jersey Appellate Division affirmed summary judgment for an employer, on a complaint filed by a former employee alleging gender and pregnancy discrimination in...more
On March 31, 2023, the United States District Court for the District of New Jersey, in the matter of Desire v. Dreamwear Inc., imposed Rule 11 sanctions in favor of an employer based on the filing of a frivolous Second...more
On March 31, 2023, in LeBlanc v. Thomas Jefferson University, the United States District Court for the District of New Jersey granted an employer’s motion for summary judgment, dismissing a former’s employee’s allegations of...more