The U.S. District Court of New Jersey recently reaffirmed that under New Jersey’s whistleblower law, the Conscientious Employee Protection Act (CEPA), a plaintiff asserting that her employer’s conduct is incompatible with a...more
Another bill (S2935) proposed by New Jersey Senate Majority Leader Loretta Weinberg on May 19, 2015, would require employers with at least 25 employees to permit their employees to take up to 40 hours of leave to participate...more
In Bonkowski v. Oberg Industries, Inc., (3d Cir. May 22, 2015), the Third Circuit Court of Appeals ruled that an employee who was admitted to the hospital moments after midnight, and who was discharged more than 14 hours...more
On January 15, 2015, the New Jersey Intern Protection Act was approved by the Assembly Labor Committee and has been sent to the full Assembly for a vote. If adopted, this bill (S539, A3529) would provide interns with the same...more
On January 22, 2015, the New Jersey Appellate Division reaffirmed an employer’s right to monitor an employee’s use of his or her workplace computer, including a review of the employee’s Internet browser history. In Liebeskind...more
2/13/2015
In a precedential opinion, the New Jersey Appellate Division rejected an agoraphobic plaintiff’s claim under the New Jersey Law Against Discrimination (LAD) for failure to provide a reasonable accommodation. The court held...more
The New Jersey Division on Civil Rights recently adopted revised regulations governing the New Jersey Family Leave Act (NJFLA), which employers will need to incorporate into their current family leave policies and procedures....more
On December 8, 2014, the Senate Labor Committee met to discuss the Healthy Workplace Act (S280), a bill that would prohibit bullying in the workplace. We previously addressed this bill in our January 2014 issue when it was...more
12/30/2014
New Jersey employers with mandatory arbitration provisions seeking to compel the arbitration of employment disputes with their employees would be well-served to reexamine such provisions in light of recent decisions by New...more
A New Jersey federal court recently held that a six-year, not a two-year, statute of limitations applies to claims under the New Jersey Wage Payment Law, N.J.S.A. 34:11-4.1, et seq., that section of the New Jersey wage and...more
Many employers send Family and Medical Leave Act (FMLA) paperwork to absent employees via the mail—regular, first class mail—because it is a reasonable, cost-effective way to get the notice to those employees at home....more
The New Jersey Department of Labor amended N.J.A.C. 12:56-3.1 to reflect the recent amendment to the New Jersey Constitution that raised the minimum wage to $8.25 and created yearly increases to the minimum wage tied to the...more
The New Jersey Department of Labor is considering a series of amendments to the unemployment benefits regulations to bring the regulations in line with P.L. 2010, c. 37, a law that significantly amended the standards for...more
On June 23, 2014, the New Jersey Division on Civil Rights (DCR) issued amended regulations concerning employment advertisements. First, the prohibition on employment advertisements containing a preference for—or...more
In light of the fact that several New Jersey cities have recently passed local ordinances requiring employers to provide paid sick leave to their employees, momentum is growing for the New Jersey legislature to pass a similar...more
Following Newark and Jersey City’s lead, the cities of Passaic, East Orange, Paterson, and Irvington recently passed their own paid sick leave ordinances that will provide the majority of private employees working in those...more
On August 11, 2014, New Jersey Governor Chris Christie signed into law “The Opportunity to Compete Act”—also referred to as the “ban the box” law—adding New Jersey to the growing list of states where employers are prohibited...more
On June 26, 2014, the New Jersey legislature approved the most recent iteration (A1999) of the “Opportunity to Compete Act” (also referred to as the “Ban the Box” bill), which will now be sent to Governor Chris Christie for...more
On May 19, 2014, the Senate introduced two (essentially identical) bills (S2101 and S2102) that would prohibit public and private employers from automatically rejecting current or prospective employees based on their criminal...more
Currently, New Jersey overtime and minimum wage laws do not apply to summer camps (and other summer conferences and retreats) operated by non-profit or religious corporations or associations. On June 5, 2014, the Assembly...more
Newark’s Sick Leave Ordinance went into effect on June 21, 2014. For a detailed discussion of the ordinance, including how to comply with its notice and posting requirements...more
On June 30, 2014, the New Jersey Legislature passed a bill (S1440) that would add unemployed applicants to the growing list of protected classes under New Jersey law. First referenced in the March 2014 issue of the New Jersey...more
In Valent v. Board of Review, A-4980-11T2 (App. Div., June 5, 2014), the New Jersey Appellate Division ruled that a hospital employee who refused a flu shot for purely secular reasons was still eligible for unemployment...more
In Hitesman v. Bridgeway, Inc., A-73-12 (June 16, 2014), a registered nurse was fired after he complained to management about the rate of infectious diseases among patients, reported his concerns to governmental agencies, and...more
7/18/2014
On June 19, 2014, the New Jersey Appellate Division continued recent willingness of New Jersey courts to enforce employment applications that shorten the statute of limitations for employment-related claims, this time...more