News & Analysis as of

NJLAD State Labor Laws

Fox Rothschild LLP

NJ Division on Civil Rights Issues Guidance on LAD’s Applicability to Remote Work

Fox Rothschild LLP on

The New Jersey Division on Civil Rights (DCR) issued guidance in May 2024 regarding the applicability of the New Jersey Law Against Discrimination (LAD) to remote employees working outside New Jersey for a New Jersey...more

Epstein Becker & Green

Non-Disparagement Settlements in New Jersey, DOL's AI Guidelines, OSHA Regions Shift - Employment Law This Week®

Epstein Becker & Green on

This week, we’re highlighting recent updates across the state and federal employment landscapes, including the New Jersey Supreme Court’s non-disparagement ruling, the U.S. Department of Labor’s (DOL’s) new artificial...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Supreme Court Declares Non-Disparagement Provisions ‘Impermissible’ When Used to Silence Victims Under NJLAD

On May 7, 2024, the Supreme Court of New Jersey invalidated an otherwise valid settlement agreement solely because the agreement contained a “non-disparagement provision,” the scope of which the court found “would bar...more

Saiber LLC

New Jersey Bill Aims to Broaden Standard for Harassment Claims & Require Written Workplace Policies and Employee Training

Saiber LLC on

On January 9, 2024, a new bill was introduced to the Assembly Labor Committee in the New Jersey Legislature (Bill A2443) that may have the effect of lowering the standard for a claim of unlawful harassment. The Bill’s stated...more

Saiber LLC

New Jersey Senate Passes Bill to Bar Discrimination Based on Height and Weight

Saiber LLC on

The New Jersey State Senate recently voted 22-14 to approve Bill S1602, which expands the state’s Law Against Discrimination to include weight and height as protected characteristics. The current Law Against Discrimination...more

Cole Schotz

Effective This Summer – Landslide of New Protections for Domestic Workers in New Jersey

Cole Schotz on

On January 12, 2024, New Jersey Governor Phil Murphy signed the New Jersey Domestic Workers Bill of Rights Act (S-723/A-822) (the “Act”) into law. The new law not only supports domestic workers’ rights and expands their legal...more

Genova Burns LLC

New Jersey Domestic Workers Gain Added Protections

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On January 12, 2024, Governor Phil Murphy signed the New Jersey Domestic Workers Bill of Rights Act (S-723/A-822), establishing a broad range of rights and employment protections for domestic workers. Domestic workers were...more

Bressler, Amery & Ross, P.C.

New Year Employment Law Updates for New Jersey Businesses

Division of Civil Rights Poster Requirements - In a previous client alert, we discussed that on Aug. 1, 2022, the New Jersey Division on Civil Rights (DCR) updated its regulations concerning the “Display of Official Posters...more

Genova Burns LLC

Timing is Everything: NJ Appellate Division Compels Arbitration of Employee’s Sex Harassment Claims

Genova Burns LLC on

On October 26, 2022, the New Jersey Appellate Division in Rourke v. Herr Foods, Inc. once again confirmed that the Federal Arbitration Act (FAA) preempts the 2019 amendment to the New Jersey Law Against Discrimination (NJLAD)...more

Genova Burns LLC

Third Circuit Confirms ABC Test Applies in Wage Theft Case

Genova Burns LLC on

​​​​​​​In a recent decision in Bailey v. Millennium Group of Delaware et al, the U.S. Court of Appeals for the Third Circuit confirmed that the ABC Test – long used by the New Jersey Department of Labor – sets forth the...more

Hogan Lovells

NJ Law Against Discrimination does not bar non-disparagement clauses

Hogan Lovells on

In 2019, in response to #MeToo, New Jersey amended its Law Against Discrimination (NJLAD) to ban from employment contracts or settlement agreements provisions intended to conceal the details of discrimination, retaliation, or...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Division on Civil Rights Proposes Employer Posting Requirements for Remote Workers

Recognizing that workers are increasingly working from home or in places other than an employer’s worksite, the New Jersey Division on Civil Rights (DCR) issued proposed regulations on March 21, 2022, that would allow...more

Hogan Lovells

NJ appellate court affirms: FAA preempts NJLAD prohibition on arbitration agreements

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In 2019, New Jersey amended its Law Against Discrimination (NJLAD) to include a provision purporting to ban agreements requiring employees to arbitrate claims arising under the NJLAD (Amendment). On February 15, 2022, a New...more

Genova Burns LLC

Requiring the COVID-19 Vaccination at Work: Issues for NJ Employers to Consider When Developing a COVID-19 Vaccination Program

Genova Burns LLC on

We have seen recent articles speculating on whether employers can require their employees to take an FDA-approved COVID-19 vaccination as a condition of employment or continued employment. Here, without giving any legal...more

Genova Burns LLC

Employees COVID-19 Related Complaints in New Jersey

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The pandemic brought pandemonium to many New Jersey workplaces. With the second largest outbreak in the country only behind New York, and being the most densely populated state in the country, New Jersey was hit particularly...more

Obermayer Rebmann Maxwell & Hippel LLP

Arbitration Update: Federal Judge Prohibits California’s Mandatory Employee Arbitration Ban

As previously covered here, the California Legislature has long been searching for a way to prevent employers from requiring prospective employees to sign arbitration agreements as a condition of employment without running...more

Sheppard Mullin Richter & Hampton LLP

Did New Jersey Just Try to Ban Employment Arbitration Agreements?

On March 18, 2018, the New Jersey Law Against Discrimination (NJLAD) was amended to prohibit prospective waivers of substantive and procedural rights or remedies relating to a claim of discrimination, retaliation, or...more

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