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Bill Proposed To Amend NJLAD To Prohibit Healthcare Benefit Discrimination

On November 19, 2012, a bill (A3444) was introduced in response to reports in the New Jersey Star Ledger that a bank purportedly provided unequal levels of health coverage to its male and female employees. The bill attempts...more

New Jersey Assembly Passes Bill Amending Unemployment Insurance Benefits Disqualification Standards

On December 3, 2012, the Assembly passed a bill (A1874) that would amend New Jersey’s Unemployment Compensation Law regarding disqualification from unemployment insurance (UI) benefits for misconduct by claimants. The bill...more

No Negligent Hiring For Sexual Assault Where Employee’s Prior Misconduct Was Improper But Not Sexual In Nature, New Jersey...

In Gargano v. Wyndham Skyline Tower Resorts, a manager of a cleaning services company assigned to a Wyndham casino sued Wyndham for negligent hiring after she was sexually assaulted by a Wyndham employee. 2012 WL 5388949...more

Denial Of Access To Donated Sick Leave Program Is Not A Failure To Accommodate, New Jersey Appellate Division Holds

In Queen v. City of Bridgeton, the Appellate Division held that an employer with no legal duty to provide paid leave does not violate the New Jersey Law Against Discrimination (NJLAD) for denying an employee’s request for the...more

Reminder: Annual CEPA Notice For Employers With 10 Or More Employees Must Be Distributed

Once again, we remind New Jersey employers with 10 or more employees of their annual obligation to distribute to their New Jersey employees the required notice under the Conscientious Employee Protection Act (CEPA)....more

12/14/2012  /  CEPA , Notice Requirements

Bills Proposed In New Jersey To Require Payment Of Unemployment Benefits During Lengthy Appeals

In late September, two bills (S2212 and A3309) were introduced which would provide that if a claimant appeals an unemployment determination and no decision is made within 60 days, he or she would be paid any benefits withheld...more

10/15/2012  /  Hiring & Firing

Workplace Bullying Law Reintroduced In New Jersey

On September 24, 2012, the “Healthy Workplace Act” (A3249) was re-introduced, seeking once again to make workplace bullying, abuse, and harassment unlawful. The law would dramatically increase employers’ potential liability...more

“NJ SAFE Act” Would Require Unpaid Leave To Victims Of Sexual Assault Or Domestic Violence

Similar bills pending before the Assembly (A2919) and Senate (S2177), each entitled the “New Jersey Security and Financial Employment Act” or the “NJ SAFE Act,” would require employers with 25 or more employees to provide 20...more

Arbitrator’s Decision Finding Just Cause For Discharge Dooms Subsequent Statutory Claims, District Of New Jersey Holds

In Robbins v. U.S. Foodservice, Inc., 2012 WL 3781258 (D.N.J., August 30, 2012), a union employee’s discrimination (NJLAD) and leave law (FMLA and NJFLA) claims were dismissed because her union previously had grieved her...more

City Of Newark Passes Ordinance Restricting Criminal Background Checks And Inquiries

Effective November 18, 2012, employers that have five or more employees, and do business or take applications for employment within the City of Newark, are generally prohibited from conducting criminal history inquiries on...more

New Jersey Bill Seeks To Make Independent Contractor Relationship Onerous And Risky

On September 27, 2012, a bill (A3310) was introduced that seeks to place onerous requirements on employers that engage independent contractors (for $600 or more), and that would impose significant damages and penalties for...more

“Old Man” Comments By A Supervisor Were Sufficient To Cause Hostile Work Environment And Individual Liability, New Jersey...

In Farrell v. Toys R’ Us, 2012 WL 4069515 (App. Div., September 18, 2102), an assistant store manager claimed that he was subjected to an age-based hostile work environment in violation of the NJLAD because his supervisor...more

New Pay Equality Poster and Notice Law Enacted in New Jersey

On September 21, 2012, New Jersey Governor Chris Christie signed into law a bill that will require New Jersey employers with 50 or more employees to post and distribute to employees a notice of their right to be free from...more

Third Circuit Clarifies Standard For Final Certification Of FLSA Collective Actions

In Zavala v. Wal-Mart Stores, Inc., 2012 WL 3217522 (3d Cir. August 9, 2012), the Third Circuit Court of Appeals clarified the standard for final certification of a collective action under the Fair Labor Standards Act (FLSA),...more

Employer Off The Hook For Co-Worker Harassment Claims Thanks To Its Anti-Harassment Policies, New Jersey Appellate Division Holds

In Mann v. Staples, Inc., 2012 WL 3101310 (App. Div. August 1, 2012), a case argued by an attorney in Ogletree Deakins’ New York office, the New Jersey Appellate Division dismissed a female employee’s NJLAD discrimination...more

New Jersey Bill Seeks To Raise Unemployment Insurance Rate Cap

On May 31, 2012, the New Jersey Senate unanimously passed a bill (S1121) aimed at assessing a higher unemployment insurance rate on employers with markedly lower Employer Reserve Ratios (i.e., those employers with more former...more

9/14/2012  /  Unemployment Insurance

New Jersey Bills Seek To Punish Misclassification Of Trucking Industry Employees

Two pending parallel bills (A1578 and S1450) seek to impose severe penalties on certain employers in the trucking industry that misclassify their trucking services employees as independent contractors. If signed into law, the...more

New Jersey Department Of Labor Proposes Amendments And New Rules Regarding Employee Leasing Companies

As previously reported in the Summer 2011 issue of the New Jersey eAuthority, in August of last year Governor Chris Christie signed into law amendments to N.J.S.A. 34:8-67 et seq., New Jersey’s law relating to employee...more

9/14/2012  /  Chris Christie

Termination Two Days Before Taking FMLA Leave “Unusually Suggestive,” New Jersey District Court Holds

In St. Cyr v. Brandywine Senior Living, Inc., 20 U.S. Dist. LEXIS 85426 (D.N.J. June 20, 2012), the court denied summary judgment in an FMLA interference and retaliation suit in which an employee was terminated a mere two...more

Despite Willful OSHA Violation, New Jersey Supreme Court Reaffirms Exclusivity Of Workers’ Compensation Benefits, Refuses To Apply...

In Van Dunk v. Reckson Assoc. Realty Corp., 2012 N.J. LEXIS 678 (N.J. June 26, 2012), the New Jersey Supreme Court considered whether an employee’s personal injury suit against his employer following a trench collapse, for...more

New Jersey Senate Introduces New Minimum Wage Bill

On June 5, 2012, the Senate introduced a bill (SCR117) that would amend the New Jersey State Constitution to set the minimum wage at $8.50 per hour with annual adjustments for inflation. ...more

7/16/2012  /  Minimum Wage , Wages

New Jersey Assembly Amends Applicant/Employee Social Networking Disclosure Bill

On June 25, 2012, the Assembly approved an amended bill (A2878) that would, among other things, prohibit employers from requiring current or prospective employees to disclose their user names or passwords for their personal...more

NJLAD Lawsuit Barred Once State Agency Adopted Finding Of EEOC, New Jersey Appellate Division Holds

In Cornacchiulo v. Alternate Investment Solutions, Inc., 2012 N.J. Super. Unpub. LEXIS 1415 (App. Div. June 19, 2012), the New Jersey Appellate Division dismissed an employee’s NJLAD discrimination suit because, having first...more

7/16/2012  /  Discrimination

Package Of Gender Pay Parity Laws Reaches New Jersey Governor’s Desk

In late June 2012, three significant employment bills (A2647, A2648, and A2650) reached Governor Chris Christie’s desk, having cleared both houses. Whether the governor will sign or veto the bills is unknown. Although...more

Alcoholic Anxiety-Stricken Nurse States Termination Claim Under NJLAD, New Jersey District Court Holds

In Skidmore v. Virtua Health Inc., 2012 U.S. Dist. LEXIS 86181 (D.N.J. June 21, 2012), a nurse with attendance issues related to her alcoholism and anxiety was terminated by her employer after she failed to report to work on...more

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