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
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
On February 27, 2014, a bill (S1440) was introduced in the Senate that would prohibit employers from basing employment decisions on an applicant’s unemployed status. The bill would supplement an existing law that prohibits...more
“The Opportunity to Complete Act” (last mentioned in the February 2013 issue of the New Jersey eAuthority) was reintroduced to the state Senate on February 28, 2014. The bill still prohibits the use of criminal background...more
On February 25, 2014, a bill was introduced and referred to the Senate Commerce Committee that would allow employees to suspend payment of interest on their mortgages if they were affected by a violation of the Millville...more
On February 27, 2014, the chair of the state Senate Labor Committee proposed a bill that would withhold payments by the state to vendors that are delinquent in their unemployment insurance contributions....more
In our February 2014 issue of the New Jersey eAuthority, we reported that the Newark City Council had approved a sick leave ordinance that would provide the majority of private employees working in Newark with mandatory paid...more
On January 28, 2014, the Newark City Council approved a sick leave ordinance that would require most private employers in Newark to provide their workers with paid time off. If the mayor of Newark signs this ordinance, Newark...more
In the November 2013 and January 2014 issues of the New Jersey eAuthority, we reported on the Senate and Assembly’s passage of a bill (S2995) expanding employment protections for pregnant women. On January 21, 2014, Governor...more
In the November 2013 issue of the New Jersey eAuthority, we reported on a bill (S2996) seeking to expand eligibility for state leave and disability benefits for employees who have been laid off or furloughed due to a declared...more
In the January 2014 issue of the New Jersey eAuthority, we reported that the Senate had introduced a bill (S3087) that would permit employee leasing companies to have their unemployment insurance taxes determined on the basis...more
On January 22, 2014, Governor Chris Christie signed into law a bill (S2741) that modifies short-time unemployment benefits as they relate to employees in shared work programs. “Shared work programs” refer to programs...more
Effective January 1, 2014, the maximum weekly benefit for individuals eligible to collect unemployment insurance increased from $624 to $636; the maximum weekly benefit for state plan temporary disability and family leave...more
In State v. Saavedra, 2013 WL 6763248 (App. Div. Dec. 24, 2013), a public sector employee learned that he could be indicted for criminal theft for taking his employer’s highly confidential, original documents...more