On April 5, 2013, Governor Chris Christie issued a conditional veto of New Jersey’s proposed “Facebook law” (A-2878), which is intended to prohibit employers from inquiring about or otherwise accessing applicants’ and...more
The Family and Medical Leave Act (FMLA) requires that employers provide both general notice to their employees of their rights under the FMLA and individualized notice to employees requesting or inquiring about leave. In...more
Under current state law, employees of a common carrier of passengers by motor bus are exempt from overtime. N.J.S.A. 34:11-56a4. However, the term “common carrier of passengers by motor bus” was never defined in the...more
On February 7 and February 14, 2013, the “New Jobs for New Jersey Act” passed in the Senate (S2211) and the Assembly (A3312), respectively. ...more
Currently, an unemployment claimant must simply report to the Division of Unemployment Insurance by telephone, Internet, or mail as directed by the Division to be eligible for unemployment benefits....more
On March 21, 2013, a broadly-worded social media privacy bill (A2878) received final legislative approval, and now awaits action by Governor Chris Christie. As discussed in several prior issues, this bill would bar an...more
As we have previously discussed (September 24, 2012 alert and December 2012 eAuthority), a new law will require New Jersey employers, with 50 or more employees, to post and distribute (at various times) a notice to employees...more
On October 18, 2012, a bill (A3412) was introduced in the New Jersey Assembly to establish a default two-year statute of limitations for most civil actions. Significantly for employers, this would increase the statute of...more
As previously reported in the July 2012 issue of the New Jersey eAuthority, several pending bills (A2919 and S2177) would require employers to provide unpaid leave to employees who are victims of domestic violence or sexual...more
On November 19, 2012, a bill (A3423) was introduced that seeks to authorize the establishment, through collective bargaining, of alternate workers’ compensation programs. Such programs would include alternate dispute...more
On November 19, 2012, a bill (A3444) was introduced in response to reports in the New Jersey Star Ledger that a bank purportedly provided unequal levels of health coverage to its male and female employees. The bill attempts...more
On December 3, 2012, the Assembly passed a bill (A1874) that would amend New Jersey’s Unemployment Compensation Law regarding disqualification from unemployment insurance (UI) benefits for misconduct by claimants. The bill...more
In Gargano v. Wyndham Skyline Tower Resorts, a manager of a cleaning services company assigned to a Wyndham casino sued Wyndham for negligent hiring after she was sexually assaulted by a Wyndham employee. 2012 WL 5388949...more
In Queen v. City of Bridgeton, the Appellate Division held that an employer with no legal duty to provide paid leave does not violate the New Jersey Law Against Discrimination (NJLAD) for denying an employee’s request for the...more
Once again, we remind New Jersey employers with 10 or more employees of their annual obligation to distribute to their New Jersey employees the required notice under the Conscientious Employee Protection Act (CEPA)....more
In late September, two bills (S2212 and A3309) were introduced which would provide that if a claimant appeals an unemployment determination and no decision is made within 60 days, he or she would be paid any benefits withheld...more
On September 24, 2012, the “Healthy Workplace Act” (A3249) was re-introduced, seeking once again to make workplace bullying, abuse, and harassment unlawful. The law would dramatically increase employers’ potential liability...more
Similar bills pending before the Assembly (A2919) and Senate (S2177), each entitled the “New Jersey Security and Financial Employment Act” or the “NJ SAFE Act,” would require employers with 25 or more employees to provide 20...more
Effective November 18, 2012, employers that have five or more employees, and do business or take applications for employment within the City of Newark, are generally prohibited from conducting criminal history inquiries on...more
On September 27, 2012, a bill (A3310) was introduced that seeks to place onerous requirements on employers that engage independent contractors (for $600 or more), and that would impose significant damages and penalties for...more
On September 21, 2012, New Jersey Governor Chris Christie signed into law a bill that will require New Jersey employers with 50 or more employees to post and distribute to employees a notice of their right to be free from...more
In Mercado v. Donahoe, No. 11-2972, 2012 U.S. App. LEXIS 13226, (3rd Cir. June 26, 2012), the plaintiff, a probationary part-time employee, sued his employer alleging that he had been discriminated against on the basis of his...more
In Harriel v. Wal-Mart Stores, Inc., No. 11-2510 (MLC), 2012 U.S. Dist. LEXIS 97527, (D.N.J. July 13, 2012), the District Court of New Jersey denied the plaintiff’s motion for conditional certification as an FLSA collective...more
In Kiernan v. AAA Mechanical, Inc., No. 10-4421 (MLC), 2012 U.S. Dist. LEXIS 90655, (D.N.J. June 29, 2012), the plaintiff sued her employer for overtime compensation under the New Jersey Wage and Hour Law shortly after the...more
In Warwas v. City of Plainfield, No. 11-1736, 2012 U.S. App. LEXIS 15324, (3rd Cir. July 25, 2012), an employee terminated while on FMLA leave sued for interference with her FMLA rights. The employer asserted it terminated...more