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
The New Jersey Division on Civil Rights (NJDCR) just modified its Discrimination in Employment poster, which all New Jersey employers are required to display. The new poster adds “pregnancy” to the list of protected...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
The United States District Court for the District of New Jersey recently held that an employer’s refusal to rescind a resignation does not amount to unlawful retaliation under 42 U.S.C. § 1981 (which follows the same standard...more
In Smith v. Millville Rescue Squad, 2014 WL 2894924 (App. Div. June 27, 2014), the Appellate Division held that the New Jersey Law Against Discrimination’s (NJLAD) prohibition against discrimination based on “marital status”...more
On June 21, 2014, the Newark, New Jersey Sick Leave Ordinance (which we previously discussed in the March 2014 issue of the New Jersey eAuthority) will become effective. Beyond the primary requirements of the ordinance (i.e.,...more
6/19/2014
On March 27, 2014, the New Jersey Senate passed the Unfair Wage Recovery Act (S783), which would amend the New Jersey Law Against Discrimination to provide that an unlawful employment practice occurs each time an individual...more
On March 27, 2014, the Wage Transparency Act (S1038) was passed by the New Jersey Senate. The act would require public contractors to report to the Commissioner of the New Jersey Department of Labor and Workforce Development...more
The state prevailing wage threshold for total work done for a municipality or on property or premises owned by a municipality will increase from $14,187 to $15,444 beginning July 1, 2014. ...more
On March 24, 2014, a resolution (SCR96) was introduced in the Senate that would amend the New Jersey Constitution to give public employees the right to collective bargaining. ...more
In Thompson v. Real Estate Mortgage Network, No. 12-3228 (3d. Cir. Apr. 3, 2014), the Third Circuit Court of Appeals recently found a successor employer potentially responsible for Fair Labor Standards Act (FLSA) violations...more
On March 24, 2014, a bill (S1846) was introduced that would permit an employer to withhold a portion of an employee’s wages for purchases authorized by the employee made at an event sponsored by an organized and...more
A Morris County employee sought workers’ compensation benefits for an injury sustained on a public street while walking a few blocks from a privately-owned employer-paid parking lot to her office. Hersh v. County of Morris,...more
On March 14, 2014, the New Jersey Supreme Court granted certification in Lippman v. Ethicon, Inc., 432 N.J. Super. 378 (App. Div. 2013), agreeing to review whether “watchdog” employees, i.e., employees responsible for...more
Close observers of the National Labor Relations Board (NLRB) in recent years had long expected the Board to one day revisit—and, possibly, overrule—Register-Guard, 351 NLRB 1110 (2007), the landmark NLRB opinion holding that...more
On March 17, 2014, a bill (S1717) was introduced that would prohibit an employer from taking adverse action against an employee because he or she is not working due to a declared state of emergency (by the Governor or...more
Employee handbooks typically contain an overview of company history, a set of employment policies and general guidance, and a clear and prominent disclaimer that nothing in the handbook creates a contract of employment...more
In order to state a retaliation claim under the federal Family and Medical Leave Act (FMLA), a plaintiff must establish that his employer took an adverse employment action against him that was causally related to his FMLA...more