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The following comments were submitted by Richard J. Reibstein, the publisher of this legal blog, critiquing the proposed regulation of the New Jersey Department of Labor and Industry (the Department) regarding the so-called...more
As independent contractor misclassification enforcement eases up at the federal level, New Jersey is doubling down on the state’s strict test for determining how a worker should be classified under various state laws. The New...more
In Musker v. Suuchi, Inc., the New Jersey Supreme Court addressed whether commissions are considered “wages” under New Jersey’s Wage Payment Law (NJWPL) after a salaried employee sued her employer for allegedly withholding...more
On 9 January 2025, New Jersey Attorney General Matthew J. Platkin and the New Jersey Division on Civil Rights (DCR) announced the launch of a Civil Rights and Technology Initiative (the Initiative) “to address the risks of...more
The New Jersey Supreme Court recently ruled that commissions are considered “wages” under New Jersey’s Wage Payment Law (“NJWPL”). This decision—which allows employees whose commissions are not timely paid to recover 200% of...more
A recent ruling concerning a workers’ compensation case in New Jersey reaffirmed that Medicare Set-Aside (MSA) funds should not be included in the calculation of attorney fees. The case involved a reopener application for a...more
Key Points: A workers’ compensation insurance carrier normally does not have a duty to pay benefits for an intentional injury claim....more
On March 17, 2025, the New Jersey Supreme Court unanimously held in Musker v. Suuchi that commissions are included in the definition of “wages” under New Jersey’s Wage Payment Law (“WPL”). Wages under the WPL are defined as...more
New Jersey recently put employers on notice: AI-driven bias is illegal discrimination. The state’s January 9 guidance on algorithmic discrimination makes it clear that the New Jersey Law Against Discrimination (LAD) applies...more
Unlike other jurisdictions, New Jersey has not yet implemented legislation directly governing the use of AI tools in employment practices. But, earlier this month, New Jersey Attorney General Matthew J. Platkin announced that...more
Heading into 2025, New Jersey employers should familiarize themselves with notable 2024 legislative and administrative actions in the employment space....more
On December 9, 2024, the U.S. Court of Appeals for the Third Circuit held that New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not provide workers with a private...more
On December 9, 2024, the U.S. Court of Appeals for the Third Circuit upheld the New Jersey district court’s previous ruling that there is no private right of action under New Jersey’s Cannabis Regulatory, Enforcement...more
On November 18, 2024, Governor Murphy signed into law pay transparency legislation, Senate Bill 2310, which will require employers to include a pay range in job postings and provide notice of promotional opportunities to...more
On November 18, 2024, Governor Phil Murphy signed into law A4151/S2310, which will require employers to provide pay transparency for employment opportunities advertised internally or externally to the general public. The new...more
The New Jersey legislature recently built on its 2019 efforts to increase pay-related protections for job applicants and current employees. Most employers will now be required to disclose pay ranges in their job postings and...more
New Jersey has joined the growing ranks of jurisdictions that have enacted pay transparency laws. Senate Bill 2310 (“the Law”) was enacted on November 10, 2024, and approved on November 18, 2024 as Public Law 2024, chapter...more
New Jersey is positioned to join the growing number of jurisdictions that have adopted pay transparency requirements. The New Jersey State Assembly recently passed Senate Bill 2310, which, if enacted, will require employers...more
New Jersey is poised to join the growing list of states requiring employers to include the range of the hourly wage or salary in postings for new jobs or transfer opportunities. Senate Bill 2310 requires most businesses to...more
New Jersey moved closer to becoming the 11th state to enact a pay transparency law on Sept. 26, when the General Assembly passed A4151/S2310, which would require certain New Jersey employers to disclose their hourly wage or...more
Real World Impact: A recent New Jersey Superior Court decision interpreting the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) may require New Jersey employers to defend an employee’s...more
On September 26, 2024, the New Jersey Legislature passed Senate Bill 2310. This new law requires New Jersey employers to include certain information about compensation and benefits in both internal and external job postings. ...more
For the seventh year in a row, New Jersey will be increasing its minimum wage effective January 1, 2025. Under a law passed in 2019, the New Jersey Department of Labor and Workforce Development (NJDOL) initially set a minimum...more
Real World Impact: The New Jersey legislature has passed a bill that, if signed, would require covered employers to disclose the compensation range and general description of benefits and other compensation programs for any...more
On July 24, 2024, the United States Court of Appeals for the Third Circuit affirmed a decision from the District of New Jersey Court, refusing to block New Jersey’s 2023 law, which awards temporary workers equal pay and...more