In the recently decided matter of New Jersey Business and Industry Association, et al v. City of Trenton (L-467-15, April 16, 2015), the court held that Trenton’s paid sick leave ordinance applies only to employers based in...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
A bill (A4360), which was introduced on May 8, 2015, seeks to amend the Temporary Disability Benefits Law (TDBL) (N.J.S.A. 43:21-25 et seq.) to require that individuals disabled in connection with donating organs or bone...more
On June 4, 2015, a bill (A4494) was introduced to protect nail salon employees from wage and hour violations and health and safety hazards. If passed, the bill would require nail salon owners to provide personal protective...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 New Jersey Division on Civil Rights (DCR) quietly issued another round of updated mandatory posters (with a revision date of 5/8/2015), which are now available on its website. The revised posters (English and Spanish...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
Another bill (S2935) proposed by New Jersey Senate Majority Leader Loretta Weinberg on May 19, 2015, would require employers with at least 25 employees to permit their employees to take up to 40 hours of leave to participate...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
In This Issue:
- High Tech, High Risk: Protecting Health Plan Data: Recent Cyber Attack Reminds Employers to Take Swift Action
- EEOC FY 2014 Statistics Are Here: What Do They Mean for Employers?
- State...more
2/25/2015
/ Anthem Blue Cross ,
Cybersecurity ,
Employment Policies ,
Enforcement Statistics ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OSHA ,
Retaliation ,
Supervisors ,
Unpaid Overtime ,
Wage and Hour
The U.S. Equal Employment Opportunity Commission (EEOC) just released its fiscal year (FY) 2014 enforcement and litigation statistical report for the private sector. Presented annually, the report always contains some nuggets...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
The New Jersey Division on Civil Rights (DCR) recently added updated English and Spanish versions of its Discrimination in Employment poster (as well as its Public Accommodation and Housing posters) to its website, with the...more
The New Jersey Division on Civil Rights recently adopted revised regulations governing the New Jersey Family Leave Act (NJFLA), which employers will need to incorporate into their current family leave policies and procedures....more
On December 8, 2014, the Senate Labor Committee met to discuss the Healthy Workplace Act (S280), a bill that would prohibit bullying in the workplace. We previously addressed this bill in our January 2014 issue when it was...more
12/30/2014
New Jersey employers with mandatory arbitration provisions seeking to compel the arbitration of employment disputes with their employees would be well-served to reexamine such provisions in light of recent decisions by New...more
A New Jersey federal court recently held that a six-year, not a two-year, statute of limitations applies to claims under the New Jersey Wage Payment Law, N.J.S.A. 34:11-4.1, et seq., that section of the New Jersey wage and...more
Many employers send Family and Medical Leave Act (FMLA) paperwork to absent employees via the mail—regular, first class mail—because it is a reasonable, cost-effective way to get the notice to those employees at home....more
The New Jersey Department of Labor amended N.J.A.C. 12:56-3.1 to reflect the recent amendment to the New Jersey Constitution that raised the minimum wage to $8.25 and created yearly increases to the minimum wage tied to the...more
The New Jersey Department of Labor is considering a series of amendments to the unemployment benefits regulations to bring the regulations in line with P.L. 2010, c. 37, a law that significantly amended the standards for...more
On June 23, 2014, the New Jersey Division on Civil Rights (DCR) issued amended regulations concerning employment advertisements. First, the prohibition on employment advertisements containing a preference for—or...more
The New Jersey Department of Labor has recently issued a new Wage and Hour Law Abstract poster to incorporate the minimum wage increase effective January 1, 2015. The poster should be posted on January 1 (or before that date...more
In light of the fact that several New Jersey cities have recently passed local ordinances requiring employers to provide paid sick leave to their employees, momentum is growing for the New Jersey legislature to pass a similar...more
Following Newark and Jersey City’s lead, the cities of Passaic, East Orange, Paterson, and Irvington recently passed their own paid sick leave ordinances that will provide the majority of private employees working in those...more