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Clearing Up Confusion: New Jersey Division on Civil Rights Proposes Detailed Guidelines Concerning What Constitutes Disparate...

On June 3, 2024, the New Jersey Division on Civil Rights proposed new regulations addressing Disparate Impact Discrimination, N.J.A.C. 13:16 (the Proposed Rules) under the New Jersey Law Against Discrimination (LAD)....more

Reminder for New Jersey Employers: Review Employment Law Updates and Poster Requirements for 2024

Last year, New Jersey continued its expansion of workplace legislation with potentially far-reaching consequences for the state’s employers. By way of highlight and summary, New Jersey’s 2023 employment-related measures...more

Ignore No More: NJ’s Amended Unemployment Compensation Law Increases Employer Reporting Obligations and Penalties

Many employers commonly ignore requests from the New Jersey Division of Unemployment and Temporary Disability Insurance (“Division”) to provide the reason they terminated an employee’s employment.  With the recent amendments...more

New Jersey Employers Face New WARN Act Burdens Soon

The wait is over. On January 10, 2023, New Jersey Governor Phil Murphy signed bills S3162/A4768 into law thereby making April 10, 2023 the effective date for the sweeping amendments to the state’s WARN Act  (“NJ WARN Act”),...more

New Year Reminder for New Jersey Employers: Employment Law Updates and Poster Requirements

The past year saw many state legislatures and regulatory agencies resume their focus on non-COVID-19-related issues, and New Jersey was no different....more

New Job Protections for New Jersey Health Care Workers Following Changes in Control of Their Health Care Entity Employer

Effective November 16, 2022, non-governmental health care entities must offer eligible employees continued employment for at least four months following a change in control without any reduction in their wages and benefits –...more

NJDCR Adopts New and Amended Regulations Regarding Required Workplace Posters

On August 1, 2022, the New Jersey Division on Civil Rights (DCR) adopted new and amended regulations concerning the “Display of Official Posters of the Division on Civil Rights,” which require employers, housing providers,...more

New Year’s Recommendation for New Jersey Employers: Review Employment Law Updates and Employee Posters

Although COVID-19 may have caused last year to feel like a long extension of 2020, 2021 saw several significant changes to New Jersey’s employment law landscape that have nothing to do with face coverings or vaccinations. By...more

New Jersey Age Discrimination Protections Broadened

On October 5, 2021, New Jersey Governor Phil Murphy signed A681 (“Law”) into law, strengthening the state’s protections against age discrimination by amending the Law Against Discrimination (LAD) to...more

New Jersey’s Legalization of Recreational Marijuana Protects Employee Users While Still Prohibiting High Times at Work

On February 22, 2021, Governor Murphy signed three separate cannabis reform bills into law that formally legalize the use and possession of recreational marijuana in the Garden state: (1) the “New Jersey Cannabis Regularly,...more

EEOC Withdraws Proposed Wellness Incentive Rules — Increasing Employer COVID-19 Vaccination Incentive Uncertainties

We previously discussed the EEOC’s proposed new wellness program incentive rules under the ADA and GINA in our post, How Big Can the Carrot Be? The proposed rules were to replace the EEOC’s previous “health-contingent”...more

How Big Can the Carrot Be? The EEOC’s New Proposed Rules Regarding Permissible Level of Incentives in Health-Contingent Workplace...

Many employers have established wellness programs to promote employee health and, in doing so, help counter the ever increasing costs associated with employer-sponsored health benefit plans. Often employers want to establish...more

Remote Workforce or Not, New Jersey Employers Must Ensure Notices and Posters Remain Up to Date

The year 2020 brought significant changes nationwide to how and where employees work and expanded the legal landscape. The expectations of employer compliance with employment law, however, remained unchanged. In New Jersey,...more

States and Municipalities Respond to the COVID-19 Second Wave Surge by Tightening Restrictions

The first COVID-19 vaccines have started being shipped across the U.S. with the expectation that millions of doses will be administered over the next few weeks, with many times more over the coming months. This is...more

New Jersey Tightens Restrictions on Outdoor Gatherings and Indoor Sports

With New Jersey experiencing a second wave spike of COVID-19 infections and with holiday season gatherings upon us, on November 30, 2020 Governor Phil Murphy issued Executive Order 204 (“EO 204” or the “Order”) tightening...more

New Jersey Establishes COVID-19 Workplace Safety Guidelines for All Employers, with Reporting Mechanism and Significant Potential...

Over the past several months, New Jersey Governor Phil Murphy has issued a series of executive orders with industry-specific mandates and guidelines governing business reopenings during the COVID-19 pandemic and...more

U.S. DOL Provides Guidance on Employers’ Obligation to Compensate Remote Workers

Prompted by the many new telework or remote work arrangements that have arisen in response to COVID-19, on August 24, 2020, the Wage and Hour Division of the U.S. Department of Labor (“DOL”) issued Field Assistance Bulletin...more

As Schools Reopen, U.S. Department of Labor Issues FAQs on Childcare Leave Under the FFCRA

The beginning of the school year has added to a mire of uncertainty of how to manage work and family in our current COVID-19 world. Some schools have reopened to full-time in-person classes, while others have adopted...more

Getting Back to Work: What Employers Should Keep in Mind About Industry-Related Requirements for Returning to Work Following...

As employers begin to develop and implement plans for reopening and staff return to the workplace, they should be mindful of industry-specific requirements and guidance, which may apply where they operate.  ...more

NJ Governor Permits Hair Salons and Other Personal Care Services Facilities to Reopen on June 22, 2020, Provided They Comply with...

On June 13, 2020, New Jersey Governor Phil Murphy signed Executive Order 154 (“EO 154”), permitting the reopening of “personal care service facilities,” at 6:00 a.m. on June 22, 2020, provided the facilities comply with...more

New Jersey’s “Road Back”: Rules of the Road, Exits Reached, and the Way Ahead

In March 2020, New Jersey Governor Phil Murphy issued Executive Orders 104 and 107, closing or restricting all but certain designated “essential” businesses, and generally requiring residents to stay at home (unless engaging...more

New Jersey Department of Labor Issues Poster Regarding Independent Contractor Misclassification

Earlier this year, New Jersey Gov. Phil Murphy signed a legislative package of six laws addressing worker misclassification, i.e., the improper classification of employees as independent contractors. One of the new laws,...more

California Court of Appeals Finds Uninvolved Joint Employers Are Innocent Bystanders, Cannot Be Held Liable for Harassment and...

On April 7, 2020, the California Court of Appeals (the “Court”) upheld summary judgment for two professional employer organizations (referred to in the decision as a “staffing agencies”) accused of harassment and...more

Supreme Court of California Holds That Claims Under the UCL and FAL for Civil Penalties Do Not Guarantee a Jury Trial

On April 30, 2020, the California Supreme Court (“Court”) ruled that claims brought pursuant to California’s Unfair Competition Law (“UCL”) and the False Advertising Law (“FAL”) are not entitled to a jury trial....more

EEOC Adds COVID-19 Testing Guidance to Its Technical Assistance on COVID-19 and Anti-Discrimination Laws

On the heels of adding Return to Work guidance to its technical assistance for employers, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Law” ...more

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