Seyfarth Synopsis: Governor Murphy has signed multiple Executive Orders which will lessen the COVID-19 restrictions on non-essential construction projects and non-essential retail businesses, permit “car gatherings,” allow...more
Seyfarth Synopsis: As concerns about community spread of the 2019 Novel Coronavirus disease (“COVID-19”) mount, New Jersey has taken measures to ensure social distancing and help “flatten the curve” and slow the spread of...more
Seyfarth Synopsis: As described in our prior alerts here and here, Governor Murphy and the State Director of Emergency Management have executed increasingly restrictive legislation, executive orders and administrative orders...more
UPDATE: On March 19, 2020, Governor Murphy and the State Director of Emergency Management announced an Administrative Order mandating the closure of all personal care businesses which cannot comply with social distancing...more
UPDATE: On January 21, 2020, the Governor of New Jersey signed Senate Bill 3170 into law, pushing state law far past the corresponding federal requirements of the WARN Act. Governor Phil Murphy issued an omnibus press release...more
1/24/2020
/ Employer Liability Issues ,
Hiring & Firing ,
Labor Law Violations ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
New Legislation ,
Notice Requirements ,
Part-Time Employees ,
Penalties ,
Regulatory Requirements ,
Regulatory Standards ,
Severance Agreements ,
Severance Pay ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
WARN Act
Seyfarth Synopsis: On Monday, January 13, 2020, the New Jersey state legislature passed Senate Bill 3170 which, if signed by the Governor, would result in sweeping changes to what was once a mass layoff notification statute...more
1/20/2020
/ Employer Liability Issues ,
Hiring & Firing ,
Labor Law Violations ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
New Legislation ,
Notice Requirements ,
Part-Time Employees ,
Penalties ,
Regulatory Standards ,
Severance Agreements ,
Severance Pay ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
WARN Act
Seyfarth Synopsis: The New Jersey bill that aims to push gig-economy workers and other independent contractors into the definition of “employees” was briefly paused at the end of the prior legislative session, but is expected...more
1/16/2020
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Lame Duck Session ,
Legislative Agendas ,
Misclassification ,
Pending Legislation ,
Regulatory Agenda ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: New Jersey Has Joined California and New York as the Third State to Formally Amend Its Anti-Discrimination Laws to Include Hairstyle Discrimination as a Form of Race-Based Discrimination. This Law is...more
Seyfarth Synopsis: The New Jersey Division on Civil Rights recently released guidance clarifying that existing anti-discrimination laws prohibit employers from taking adverse employment actions or applying a grooming policy...more
Employers are challenged to manage demographic and technological changes. Technology is transforming the workplace at an accelerating rate. ...more
Seyfarth Synopsis: On December 3, 2018, the New Jersey Senate Labor Committee unanimously advanced a bill that would require covered hotels to provide “panic devices” to certain employees. New Jersey joins the increasing...more
12/17/2018
/ Anti-Harassment Policies ,
Employee Rights ,
Employer Liability Issues ,
Hospitality Industry ,
Hotels ,
Legislative Agendas ,
Pending Legislation ,
Sexual Assault ,
Sexual Harassment ,
State and Local Government ,
Workplace Safety
The reality of technology replacing human workers is nothing new. Just ask yesteryear’s switchboard operators, film projectionists, highway and bridge toll collectors, checkout cashiers, and many others. With these changes,...more
Seyfarth Synopsis: Over the past few years, restrictions regarding the use of credit checks by employers on applicants and employees have been passed at various state and municipal levels, and the federal government has...more
Seyfarth Synopsis: On May 3, 2018, Governor Phil Murphy signed an Executive Order establishing the Task Force on Employee Misclassification, which is effective immediately. ...more
5/4/2018
/ Employee Definition ,
Employer Liability Issues ,
Executive Orders ,
Federal Agency Taskforce ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
New Legislation ,
State and Local Government ,
Wage and Hour
Seyfarth Synopsis: On April 2, 2018, the New Jersey Appellate Division reversed an order granting summary judgment to Defendant Legal Cost Control, Inc., finding that New Jersey’s Law Against Discrimination (LAD) may apply to...more
Seyfarth Synopsis: The U.S. District Court for the District of New Jersey recently held that the proper time for a plaintiff to elect whether to proceed with a statutory whistleblower claim under CEPA, or a common law Pierce...more
2/12/2018
/ CEPA ,
Common Law Claims ,
Discovery ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Retaliation ,
Summary Judgment ,
Whistleblower Protection Policies ,
Whistleblowers ,
Wrongful Termination
Seyfarth Synopsis: It is once again that time of year when we remind our clients with operations in New Jersey of their obligation to distribute certain required notices to their employees as well as an increase in the...more
Seyfarth Synopsis: New Jersey’s Appellate Division upheld summary judgment dismissing a claim of whistleblower retaliation under the Conscientious Employee Protection Act (“CEPA”), finding that plaintiff, an unpaid volunteer...more
Seyfarth Synopsis: Following remand from the U.S. Supreme Court, the Ninth Circuit found that the plaintiff suing Spokeo, Inc. under the Fair Credit Reporting Act alleged sufficient injury to establish standing to proceed in...more
Seyfarth Synopsis: On August 5, 2017, the Final Rules and Regulations for the New York City Fair Chance Act (the “FCA”) go into effect. The FCA, which is enforced by the New York City Commission on Human Rights (the...more
Seyfarth Synopsis: In recent years, numerous cities and counties have enacted ordinances restricting the ability of public and private employers to inquire into the criminal histories of applicants during various stages of...more
7/24/2017
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Corporate Counsel ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Fair Chance Act ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
New Legislation
Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA....more
5/26/2017
/ Arbitration ,
Collective Bargaining Agreements (CBA) ,
Department of Transportation (DOT) ,
Discrimination ,
Employment Litigation ,
Grievance Process ,
Hiring & Firing ,
LMRA ,
Medical Examinations ,
Preemption ,
Retaliation ,
Section 301 ,
Trucking Industry ,
Unions ,
Workplace Injury
Seyfarth Synopsis: On May 4, 2017, New York’s highest court, the Court of Appeals, held that the New York State Human Rights Law (“NYSHRL”) prohibits employers from discriminating on the basis of criminal conviction history....more
Seyfarth Synopsis: New Jersey’s Appellate Division determined that an award of unemployment compensation benefits will not offset an award of back pay in cases brought under the New Jersey Law Against Discrimination. ...more
3/10/2017
/ Appeals ,
Back Pay ,
CEPA ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
NLRA ,
Retaliation ,
SAFE Act ,
Unemployment Benefits
Seyfarth Synopsis: The City of Los Angeles recently issued its Rules and Regulations Implementing the Fair Chance Initiative For Hiring (Ban the Box) Ordinance, providing critical guidance to employers on compliance with the...more
2/22/2017
/ Ban the Box ,
Criminal Background Checks ,
Employer Liability Issues ,
Exceptions ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Local Ordinance ,
Notice Requirements ,
Posting Requirements ,
Record Retention