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Third Circuit Embraces "Lower Bar" for Successor Liability under the FLSA

In Thompson v. Real Estate Mortgage Network, No. 12-3828, 2014 WL 1317137 (3d Cir. Apr. 3, 2014), the Third Circuit adopted a standard of successor liability that will lower the bar for whether an employer can be held...more

5/7/2014

New Jersey Employers Must Display Two Updated Posters

The New Jersey Department of Labor and Workforce Development ("Department") recently updated two of the posters that employers must conspicuously display in the workplace. The first updated poster—the New Jersey State Wage...more

3/28/2014  /  Employee Rights , NLRB , Wage and Hour

Newark Follows Jersey City with Sick Leave Law

On January 29, 2014, the Mayor of Newark, New Jersey signed into law an Ordinance requiring employers to provide paid sick leave to their employees, effective May 29, 2014, or, for employees who are covered by a collective...more

A Woolley Situation: District of New Jersey Refuses to Enforce Arbitration Clause in Employee Handbook

New Jersey employers should consider the risks of including an arbitration agreement in a standard employment handbook in light of a recent decision by the United States District Court for the District of New Jersey. In...more

New Jersey "Sandy" Law Preserves Employee Eligibility for Leave and Benefits

To be eligible for leave under New Jersey's Family Leave Act (FLA) or the Security and Financial Empowerment Act (SAFE Act), an employee must have been employed for at least 12 months and have worked at least 1,000 base hours...more

Trends in New Jersey Employment Law - February 2014

Appellate Division Roundup - In recent months, New Jersey's Appellate Division has rendered three significant employment law decisions. State v. Saavedra, No. A-1449-12T4, 2013 N.J. Super. LEXIS 185 (App. Div....more

New Jersey Expressly Protects Pregnancy, Requires Reasonable Accommodation

On January 21, 2014, Governor Chris Christie signed S2995 to amend New Jersey's Law Against Discrimination (LAD) by expanding protections against discrimination for employees affected by pregnancy. The amendment, which is...more

Jersey City Sick Leave Law and Notice/Poster Requirements Effective January 24, 2014

On September 26, 2013, the Mayor of Jersey City, New Jersey signed into law an Ordinance requiring employers to provide sick leave to their employees, effective January 24, 2014. For more on the new law, see our past client...more

Trends In N.J. Whistleblowing And Retaliation Law – 2013 Roundup

2013 was a busy year for whistleblowing and retaliation law in New Jersey. This blog post summarizes noteworthy statutory and judicial developments for employers to consider in the new year....more

Top New Jersey Legal Developments - January 2014

2013 was a busy year for employment law in New Jersey. This newsletter summarizes noteworthy developments in ten key areas—social media, the Law Against Discrimination ("LAD"), whistleblowing, background checks, drug and...more

New Jersey Issues Forms to Acknowledge Receipt of Pay Equity Notice

Last month, the New Jersey Department of Labor & Workforce Development released New Jersey’s new pay equity notice in English and Spanish. For more on the posting and distribution requirements of the English and Spanish...more

New Jersey Issues Pay Equity Notice to Post and Distribute

On September 19, 2012, New Jersey Governor Chris Christie signed A2647 into law requiring employers in the State of New Jersey with 50 or more employees to post and distribute a notice detailing "the right to be free of...more

The Beginnings of a New Trend? New Jersey Proposes to Protect Unpaid Interns From Employment Discrimination

On December 5, 2013, the New Jersey State Senate introduced S-3064 to protect unpaid interns from employment discrimination by amending the Law Against Discrimination ("LAD"), the Conscientious Employee Protection Act...more

Okay to Terminate Employee for Violating No-Alcohol Provision of Return to Work Agreement, Says Third Circuit

In Ostrowski v. Con-way Freight, Inc., No. 12-3800, 2013 WL 5814131 (3d Cir. Oct. 30, 2013), the U.S. Court of Appeals for the Third Circuit affirmed that an employer may discharge a driver sales representative ("DSR") who...more

New Jersey Raises Minimum Wage by Constitutional Amendment

On November 5, 2013, New Jersey voters overwhelmingly approved (by a 61% to 39% margin) a constitutional amendment to raise the state minimum wage to $8.25 per hour starting on January 1, 2014. The amendment further mandates...more

Jersey City Mayor Signs Sick Leave Law, Continues National Trend

On September 26, 2013, the Mayor of Jersey City, New Jersey signed into law an Ordinance requiring employers to provide sick leave to their employees effective January 24, 2014. Similar laws have been enacted in the State of...more

10/30/2013  /  Compliance , Employee Rights , Sick Leave

New Jersey Issues SAFE Act Poster

On October 1, 2013, the New Jersey Security and Financial Empowerment Act (SAFE Act) will take effect, requiring employers to provide unpaid leave to employees affected by domestic or sexual violence. For more on the...more

New Jersey Pay Equity Measure Says No Reprisals Against Employees Requesting Information About Co-Workers

On August 28, 2013, New Jersey Governor Chris Christie signed A-2648 to add a new non-retaliation pay equity measure to the Law Against Discrimination ("LAD") (hereinafter, the "amendment" or "law")....more

New Jersey's "More Properly Balanced" Social Media Law Signed by Governor Christie

On March 21, 2013, New Jersey's state legislature passed A2878 to prohibit employers from requiring or requesting that prospective and current employees disclose their user names and passwords to their personal social media...more

9/3/2013

New Jersey's New Law Requires Unpaid Leave for Victims of Domestic or Sexual Violence

On July 17, 2013, New Jersey Governor Chris Christie signed S-2177 – the New Jersey Security and Financial Empowerment Act ("NJ SAFE Act") – to require that employers provide unpaid leave to employees affected by domestic or...more

Third Circuit "Clarifies" Continuing Violation Doctrine

In Mandel v. M & Q Packaging Corp., No. 11-3913, 2013 WL 141890 (3d Cir. Jan. 14, 2013), the U.S. Court of Appeals for the Third Circuit "clarified" the application of the continuing violation doctrine as defined by the U.S....more

New Jersey Department of Labor Proposes Rules to Implement New Pay Equality Poster and Notice Requirements

On September 19, 2012, New Jersey Governor Chris Christie signed a law requiring employers in the State of New Jersey with more than 50 employees to post and distribute notification to employees detailing "the right to be...more

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