On April 17, 2020, the Equal Employment Opportunity Commission (“EEOC”) once again updated its technical assistance for employers, titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO...more
On April 14, 2020, New Jersey Gov. Phil Murphy signed legislation (S2374) (the “Law”), amending the New Jersey Family Leave Act (“NJFLA”) leave. ...more
On April 14, 2020, New Jersey Governor Phil Murphy signed into law a new amendment (“New Amendment”) to the New Jersey Millville Dallas Airmotive Plant Job Loss Notification Act...more
On March 20, 2020, New Jersey Governor Phil Murphy signed legislation (“Law”) prohibiting employers from taking any adverse employment action against employees who take, or request, time off due to an infectious disease that...more
On March 17, 2020, the Equal Employment Opportunity Commission (EEOC) posted an article on its website, “What You Should Know About the ADA, the Rehabilitation Act, and COVID-19.” ...more
In a news conference on March 20, 2020, New York Gov. Andrew Cuomo ordered all nonessential New York State private businesses and nonprofits to reduce their workforce reporting to work by 100% The announcement essentially...more
3/23/2020
In response to the spreading 2019 novel coronavirus (“COVID-19”) pandemic, which has now been declared a national emergency by President Trump, the Department of Labor has released guidance to employers, summarized more fully...more
On March 10, 2020 the New Jersey Supreme Court ruled that under the New Jersey Law Against Discrimination (“LAD”), employees who legally use cannabis as permitted by the state’s Compassionate Use of Cannabis of Medical...more
On January 6, 2020, the New Jersey Department of Labor and Workforce Development (“NJ DOL” or “Department”) issued regulations implementing the state’s Earned Sick Leave Law (“ESLL” or “Law”). Briefly, the ESLL, which we...more
On January 21, 2020, New Jersey Governor Murphy enacted major revisions to the New Jersey Millville Dallas Airmotive Plant Job Loss Notification Act, commonly referred to as the New Jersey WARN Act (“NJ WARN Act”), that make...more
1/28/2020
/ Advance Notice ,
Amended Legislation ,
Commercial Bankruptcy ,
Covered Employer ,
Employer Liability Issues ,
Hiring & Firing ,
Layoffs ,
Notice Requirements ,
Severance Pay ,
Termination ,
Wage and Hour ,
WARN Act
The year 2019 saw significant changes to New Jersey’s employment law landscape, including amendments to the Family Leave Act (“NJFLA”), the Family Leave Insurance law (“NJFLIL”), the Security and Financial Empowerment...more
1/9/2020
/ CEPA ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Liability Issues ,
Employment Discrimination ,
Gender Equity ,
Labor Regulations ,
New Legislation ,
Notice Requirements ,
Paid Family Leave Law ,
Paid Leave ,
Posting Requirements ,
State Labor Laws ,
Wage and Hour
A bill to amend the New Jersey Millville Dallas Airmotive Plant Loss Job Notification Act, also commonly referred to as the New Jersey WARN Act (“NJ WARN Act”), which the New Jersey Senate passed on December 16, 2019, if...more
1/6/2020
/ Employee Rights ,
Employee Transfers ,
Employees ,
Employer Liability Issues ,
Full-Time Employees ,
Hiring & Firing ,
Labor Regulations ,
Layoffs ,
Legislative Agendas ,
Part-Time Employees ,
Pending Legislation ,
Proposed Amendments ,
Regulatory Agenda ,
Severance Agreements ,
Severance Damages ,
Severance Pay ,
State and Local Government ,
State Labor Laws ,
Termination
On December 19, 2019, New Jersey enacted legislation amending the New Jersey Law Against Discrimination (“NJLAD”) to add a definition for “Race” – which has always been a protected category under the NJLAD – and for the term...more
Continuing New Jersey’s efforts to eliminate and to hold employers accountable for employee misclassification, the state’s Department of Labor and Workforce Development (NJDOL) recently adopted Regulations implementing a 2010...more
10/21/2019
/ Employee Benefits ,
Employee Definition ,
Employer Liability Issues ,
Employment Tax ,
Independent Contractors ,
Labor Law Violations ,
Labor Regulations ,
License Suspensions ,
Misclassification ,
NYDOL ,
Reporting Requirements ,
Revocation ,
State and Local Government ,
State Labor Laws ,
Wages
In September 2019, the New Jersey Division of Rights (“DCR”) issued enforcement guidance (“Guidance”) clarifying and explaining how the DCR applies the state’s Law Against Discrimination (“LAD”) to discrimination based on...more
10/1/2019
/ Dress Codes ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Hairstyle Discrimination ,
Human Rights ,
Labor Regulations ,
New Guidance ,
Race Discrimination ,
State and Local Government ,
State Labor Laws
A Trending News interview from Employment Law This Week®, featuring attorney Maxine Neuhauser:
On August 6, 2019, New Jersey’s Acting Governor Sheila Oliver signed a sweeping “wage theft” bill into law, toughening penalties...more
On August 6, 2019, Acting Governor Sheila Oliver signed S1790 into law (“Law”), toughening the penalties for failure to pay wages, benefits, and overtime (collectively “wages”) owed to workers and extending the statute of...more
8/19/2019
/ Anti-Retaliation Provisions ,
Corporate Counsel ,
Criminal Penalties ,
Criminal Prosecution ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Equal Pay Act ,
Failure To Pay ,
FRCP 23 ,
Independent Contractors ,
Minimum Wage ,
State Labor Laws ,
Unpaid Overtime ,
Unpaid Wages ,
Wage and Hour
On July 25, 2019, New Jersey became the latest state to join the movement banning salary history inquiries when Acting Governor Sheila Oliver signed NJ A1094 (“Law”). The Law, which becomes effective January 1, 2020 (i.e.,...more
On July 2, 2019, New Jersey joined Illinois, Nevada, New Mexico, New York City, and Oklahoma in enacting employment protections for authorized users of medical cannabis. New Jersey’s new medical cannabis law (“Law”), which...more
7/11/2019
/ Adverse Employment Action ,
Amended Legislation ,
Anti-Discrimination Policies ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Governor Murphy ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
State Labor Laws
In a decision that could have sweeping effects on New Jersey employers with drug-free workplace and drug-testing policies, the New Jersey Appellate Division in Wild v. Carriage Funeral Holdings ruled that the New Jersey Law...more
On March 18, 2019, New Jersey Governor Phil Murphy signed S121 (“Law”), a measure that will have immediate and significant impact on the enforceability of “waiver of rights” provisions in employment contracts and...more
3/27/2019
/ Employment Contract ,
Employment Discrimination ,
Federal Arbitration Act ,
Governor Murphy ,
Harassment ,
Mandatory Arbitration Clauses ,
NJLAD ,
Non-Disclosure Agreement ,
Preemption ,
Retaliation ,
Settlement Agreements ,
Sexual Harassment ,
Waiver of Rights
On February 19, 2019, New Jersey Governor Phil Murphy signed into law A 3975 (“the Act”), which significantly expands the state’s various family leave and benefits laws and makes them more consistent with one another. Among...more
Joining California and New York, New Jersey has become the third state with a phased-in $15 minimum wage requirement for most employees. On February 4, 2019, Governor Phil Murphy signed into law A15 (“Law”), which raises the...more
On January 17, 2019, New Jersey Governor Phil Murphy and legislative leaders announced an agreement to raise New Jersey’s minimum wage to $15 an hour by 2024. Under the agreement, and presuming enactment, effective July 1,...more
With the arrival of a new year, New Jersey employers may be well advised to take a moment to ensure that their workplace posters and employee notices are up to date and compliant, as the list of required notifications has...more