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Reliance On Inapplicable Code Of Ethics Cannot Support CEPA’s Reasonable Belief Standard, New Jersey Appellate Division Holds

In Hitesman v. Bridgeway Inc., 430 N.J. Super. 198 (App. Div. March 22, 2013), the New Jersey Appellate Division held that an employee’s difference of opinion with his health care employer, concerning the steps the hospital...more

New Jersey Supreme Court Takes Broad View Of Protected Complaints Under NJLAD, But Narrow View Under CEPA

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

New Jersey District Court Holds That Stored Communications Act Protects Employee’s Private Facebook Posts, But Employer Still Free...

In Ehling v. Monmouth-Ocean Hospital Service Corp., No. 2:11-cv-03305-WJM-MF (D.N.J. Aug. 20, 2013), a registered nurse was fired after her employer viewed several of her controversial private Facebook posts. In a matter of...more

Employee’s Disclosure Of Customer Information In The Face Of Suspected Child Neglect Held Protected Activity Under CEPA, District...

In Stapleton v. DSW, Inc., 2013 WL 1137119 (D.N.J., March 20, 2013), a retail store employee observed a child whom she suspected was being neglected by her parent, a shopper in the store. The employee lodged a report with the...more

New Jersey Casino’s Waitress Appearance Policy Not Discriminatory

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

Time to Update Your New Jersey Workplace Posters!

On October 1, 2013, the “New Jersey Security and Financial Empowerment Act” (NJ SAFE Act) becomes effective, which in addition to providing new leave rights to victims of domestic violence and sexual assault, creates yet...more

New Jersey Appellate Division Holds “Watchdog Employees” Can Bring CEPA Claims

In Lippman v. Ethicon, Inc., No. A-4318-10T2 (N.J. App. Div., Sept. 4, 2013), the New Jersey Appellate Division held that a pharmaceutical employee hired to be a watchdog—his job was to bring forth issues regarding the safety...more

9/20/2013  /  CEPA , Whistleblowers

New Jersey’s Domestic Violence Victim Leave Law Poster Now Available

On October 1, 2013, the “New Jersey Security and Financial Empowerment Act” (NJ SAFE Act) becomes effective. This law provides new leave rights to victims of domestic violence and sexual assault, and creates additional notice...more

Proposed Bill Seeks To Require New Jersey Employers To File Monthly, Not Quarterly, Wage Reports On Employees

Employers are currently required to report, on a quarterly basis, wages earned by their employees (on the standardized Wage Record System for New Jersey (WR-30) form). A bill recently introduced in the New Jersey Assembly...more

New Jersey Assembly Introduces Bill To Invalidate Restrictive Covenants And Non-Disclosure Agreements For Employees Eligible For...

The New Jersey Assembly recently introduced a bill (A3970) which if enacted, would eviscerate New Jersey employers’ abilities to enforce reasonable noncompetition agreements, nonsolicitation agreements, and non-disclosure...more

New Jersey Assembly Proposes Law To Require Employers To Provide Earned Sick Leave

On May 14, 2013, the Assembly introduced a comprehensive bill (A4125) that would require employers to provide all employees (upon their 90th day of employment) one hour of paid sick leave for every 30 hours worked. Employees...more

New Jersey Governor Vetoes Bill To Punish Misclassification Of Trucking Business Employees

On September 9, 2013, New Jersey Governor Chris Christie issued an absolute veto to a bill (A1578) that would have had a serious impact on trucking industry employers in New Jersey. As we previously discussed in the September...more

New Jersey Legislative Summer Round-up: Social Media, Wage Claim Bias Laws Enacted; Misclassification Law Vetoed

New Jersey Governor Chris Christie had a busy summer, signing into law two important employment bills, and vetoing a third. The state’s new social media privacy law affords new protections to employees and applicants...more

Domestic Violence Victim Leave Law Enacted In New Jersey

On July 17, 2013, Governor Chris Christie signed into law S2177, the “New Jersey Security and Financial Empowerment Act,” which provides new leave rights to victims of domestic violence and sexual assault, and creates...more

New Jersey Governor Signs Domestic Violence Victim Leave Law

On July 17, 2013, Governor Christopher Christie signed into law the “New Jersey Security and Financial Empowerment Act,” which becomes effective on October 1, 2013....more

New Jersey’s Social Networking Privacy Law Gets Conditional Veto by Gov. Christie

On April 5, 2013, Governor Chris Christie issued a conditional veto of New Jersey’s proposed “Facebook law” (A-2878), which is intended to prohibit employers from inquiring about or otherwise accessing applicants’ and...more

FMLA Policy In Handbook Does Not Satisfy Individualized Notice Requirements Of FMLA, New Jersey District Court Holds

The Family and Medical Leave Act (FMLA) requires that employers provide both general notice to their employees of their rights under the FMLA and individualized notice to employees requesting or inquiring about leave. In...more

New Jersey DOL Clarifies Overtime Exemption For Employees Of Common Carriers Of Passengers By Motor Bus

Under current state law, employees of a common carrier of passengers by motor bus are exempt from overtime. N.J.S.A. 34:11-56a4. However, the term “common carrier of passengers by motor bus” was never defined in the...more

The “New Jobs For New Jersey Act” Passes In Both The Senate And The Assembly

On February 7 and February 14, 2013, the “New Jobs for New Jersey Act” passed in the Senate (S2211) and the Assembly (A3312), respectively. ...more

4/8/2013  /  Job Creation , Tax Credits

New Jersey DOL Proposes Rule To Require Unemployment Applicants To Register For Work And Engage In Other Work Search Related...

Currently, an unemployment claimant must simply report to the Division of Unemployment Insurance by telephone, Internet, or mail as directed by the Division to be eligible for unemployment benefits....more

Broad Social Media Privacy Bill Reaches New Jersey Governor’s Desk

On March 21, 2013, a broadly-worded social media privacy bill (A2878) received final legislative approval, and now awaits action by Governor Chris Christie. As discussed in several prior issues, this bill would bar an...more

Another Update: New Jersey’s New Pay Equality Notice Law

As we have previously discussed (September 24, 2012 alert and December 2012 eAuthority), a new law will require New Jersey employers, with 50 or more employees, to post and distribute (at various times) a notice to employees...more

Bill Introduced To Establish Two-Year Statute Of Limitations For Most New Jersey Civil Actions

On October 18, 2012, a bill (A3412) was introduced in the New Jersey Assembly to establish a default two-year statute of limitations for most civil actions. Significantly for employers, this would increase the statute of...more

New Jersey Assembly And Senate Amend Domestic Violence Leave Bills

As previously reported in the July 2012 issue of the New Jersey eAuthority, several pending bills (A2919 and S2177) would require employers to provide unpaid leave to employees who are victims of domestic violence or sexual...more

Bill Introduced To Allow Alternate Workers’ Compensation Programs Through Collective Bargaining

On November 19, 2012, a bill (A3423) was introduced that seeks to authorize the establishment, through collective bargaining, of alternate workers’ compensation programs. Such programs would include alternate dispute...more

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