In January 2014, both the Senate and Assembly introduced bills (S354 and A101) that would require all New Jersey employers to use the federal “E-Verify” system to check the employment eligibility of each new hire, within 90...more
On January 6, 2014, the Senate introduced a bill (S153) that would provide incentives to small private sector employers that increase their workforce by hiring unemployed workers. Under the legislation, employers with 100 or...more
On January 9, 2014, the Senate reintroduced a bill (S218), which would amend the New Jersey Law Against Discrimination to make it a civil rights violation for an employee to be fired or otherwise discriminated against because...more
In the November 2013 issue of the New Jersey eAuthority, we reported on the Senate’s passage of a bill (S2995) expanding employment protections for pregnant women by...more
As we reported in the December 10, 2013 issue of the New Jersey eAuthority, the New Jersey Department of Labor (NJDOL) recently made available the gender equity notice. Effective January 6, 2014, the gender equity notice must...more
In the November 2013 issue of the New Jersey eAuthority, we reported on Jersey City’s adoption of an ordinance taking effect on January 24, 2014, which mandates that all businesses operating in Jersey City provide sick leave...more
On December 5, 2013, the Senate introduced a bill (S3064) seeking to extend legal protections and remedies to unpaid interns by amending three state statutes: the Law Against Discrimination, the Conscientious Employee...more
Under current law, discrimination on the basis of familial status is prohibited under the New Jersey Law Against Discrimination (NJLAD) only in housing. On November 18, 2013, the Assembly introduced a bill (A4465) amending...more
On November 26, 2013, the Assembly introduced a bill (A4498) to prohibit confidentiality in any agreement to settle a claim or action in which a public entity or public employee (in his or her capacity as a public employee)...more
On November 6, 2013, the New Jersey Supreme Court granted certification in Aguas v. State of New Jersey, 2013 WL 1136115 (App. Div. Mar. 20, 2013), a pro-employer ruling on the issue of employer liability for sexual...more
On November 18, 2013, the Assembly introduced a bill (A4424) amending the current wage payment law to permit employers to pay wages by deposit in a payroll debit card account. This practice...more
On December 5, 2013, the Senate introduced a bill (S3087) that would permit employee leasing companies to have their unemployment insurance taxes determined on the basis of their client company’s experience rating. Under...more
The New Jersey Appellate Division recently held that in an age discrimination case, the fourth element of the plaintiff’s prima facie burden—that plaintiff was replaced (or the employer sought a replacement) by someone...more
In EEOC v. FAPS, Inc., 2013 WL 4833535 (D.N.J. Sept. 10, 2013) (unpub.), the employer’s attorneys hired a private investigator to conduct ex parte interviews with claimants in a pending civil suit brought by the Equal...more
New Jersey employers traditionally must provide certain information about new hires (name, address, date of birth, and social security number) and the company (name, address, and federal tax ID) to the State Department of...more
On September 30, 2013, a bill (S2996) was introduced seeking to expand eligibility for state leave and disability benefits for employees who have been laid off or furloughed due to a declared state of emergency. First, the...more
The protections of the New Jersey Conscientious Employee Protection Act (CEPA) do not extend to partners with significant control over their company. In Largie v. TCBA Watson Rice, LLP, 2013 WL 4487456 (D.N.J. Aug. 20, 2013)...more
On October 14, 2013, the Senate introduced a bill (S3012) that would severely punish repeat violators of the prevailing wage law. Specifically, the bill would grant the commissioner authority to issue a stop-work order...more
On November 5, 2013, New Jersey voters overwhelmingly approved (by a 3 to 2 margin) a constitutional amendment to raise the minimum wage, starting on January 1, 2014, from $7.25 to $8.25 per hour. The amendment also...more
In Halpern v. Marion P. Thomas Charter School, 2013 WL 4607437 (N.J. App. Div. Aug. 30, 2013) (unpub.), the New Jersey Appellate Division held that a teacher had overcome the presumption of at-will employment by showing that...more
On October 21, 2013, Jersey City enacted an ordinance (passed by its City Council on September 25) mandating that all Jersey City businesses provide their employees sick leave—either paid or unpaid (depending upon the...more
On November 18, 2013, a bill (S2995) seeking to expand employment protections for pregnant women passed in the Senate 38-0. Specifically, the bill would (1) amend the New Jersey Law Against Discrimination to add pregnancy...more
In Lewis v. Eberle & BCI Services, LLC, 2013 WL 4483529 (D.N.J. Aug. 19, 2013), a New Jersey district court dismissed the plaintiff’s claims brought under the Americans with Disabilities Act and the Family and Medical Leave...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). The...more
Remember that on December 1, 2013, New Jersey’s social media privacy bill (A2878) becomes law. This law (detailed in the September 2013 issue of the New Jersey eAuthority) bars employers from requiring or requesting that any...more