News & Analysis as of

New Jersey Employee Rights

Fox Rothschild LLP

NJ Appellate Court Reaffirms Employees’ Right to Bring LAD Claims in Court

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The New Jersey Appellate Division recently issued an important decision clarifying how claims brought under the Law Against Discrimination (LAD) interact with agency proceedings in employment matters. Specifically, it made...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRA Preempts New Jersey Whistleblower and Antidiscrimination Law Claims, Federal Court Rules

In Davis v. Benihana, Inc., the U.S. District Court for the District of New Jersey dismissed the plaintiff-employee’s claims for retaliation under the New Jersey Conscientious Employee Protection Act (CEPA) and New Jersey Law...more

Epstein Becker & Green

New Jersey Bill Would Introduce Sweeping Noncompete and No-Poach Restrictions: Strategic Implications for Employers

Epstein Becker & Green on

As anticipated, New Jersey has joined the growing list of state legislative efforts aimed at prohibiting or restricting the use of noncompetes and no-poach agreements....more

Marshall Dennehey

Be Specific to Avoid Waiver of Subrogation Rights

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Key Points: New Jersey Workers’ Compensation Statute includes provisions for employers to seek subrogation in claims involving third-party recoveries by employees....more

Marshall Dennehey

The Pay Transparency Act Makes Its Splash this Summer in New Jersey

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Key Points: June 1, 2025, the Pay Transparency Act takes effect in the state of New Jersey. Under the Act, employers are required to include the salary and/or hourly wage range being considered for a vacant position....more

Blank Rome LLP

Shining a Light on Pay: Understanding New Jersey’s New Transparency Mandate for Employers

Blank Rome LLP on

On June 1, 2025, New Jersey’s Pay and Benefit Transparency Act (“the Act”) took effect, ushering in a new era of openness around pay and benefits for job applicants and employees. This law is part of a growing national...more

Constangy, Brooks, Smith & Prophete, LLP

New Jersey adopts pay transparency law

The New Jersey Pay and Benefit Transparency Act is the latest U.S. pay transparency law. As of this month, covered employers must disclose pay, benefits and other compensation programs in external job postings and for...more

Fox Rothschild LLP

Noncompete Agreements Once Again Under Attack in New Jersey

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A pair of bills were introduced in the New Jersey Legislature seeking to ban or significantly restrict employers’ ability to enter into and enforce noncompete agreements. The proposed legislation (S4385 and S4386) seeks to...more

Flaster Greenberg PC

New Jersey Passes Pay Transparency Law: What Employers Need to Know

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On June 1, 2025, a new law became effective that requires employers in New Jersey to publicize salary ranges and benefits information with any new job posting...more

Jackson Lewis P.C.

NJ Bill Broadly Banning Non-Competes + No-Poach Agreements Would Impact Employers Immediately

Jackson Lewis P.C. on

The New Jersey Legislature is considering a bill (S4385/A5708) banning non-compete clauses, with limited exceptions, and prohibiting no-poach agreements between employers and workers. Appearing to take a page from the now...more

Cole Schotz

New Jersey Employers Should be Aware of Pay Transparency Law, Effective June 1, 2025

Cole Schotz on

The New Jersey Pay and Benefit Transparency Act (the “Act”) became effective on June 1, 2025 and covered New Jersey employers should be ready to comply with this new law immediately. The Act requires that applicants for...more

Shook, Hardy & Bacon L.L.P.

New Jersey Pay Transparency Law Takes Effect

The New Jersey Pay and Benefit Transparency Act (NJPBTA), effective June 1, 2025, requires employers to disclose salary information and benefit details in job postings, both internal and external job postings. NJBPTA follows...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

New Jersey’s Pay Transparency Act: What Multi-State Employers Need to Know Before June 1, 2025

New Jersey’s recently-enacted Pay Transparency Act will usher in significant changes for employers operating in the Garden State. Effective June 1, 2025, the Act mandates that covered employers disclose compensation details...more

FordHarrison

Noncompete News: New Jersey Introduces New Bill to Kill Noncompete Agreements

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Executive Summary: Following last year’s unsuccessful attempt to ban noncompete agreements, New Jersey’s legislature introduced a new bill on May 19, 2025, to prohibit the use of noncompete clauses....more

FordHarrison

Is Your Company Ready to Disclose Salary Information and Promotional Opportunities Under New Jersey's Pay Transparency Act?

FordHarrison on

On June 1, 2025, New Jersey’s Pay Transparency Act (Act) takes effect. The new Act requires certain New Jersey employers to: (1) make sure job postings include compensation and benefits information; and (2) inform current...more

Saul Ewing LLP

Are You Ready? New Jersey’s Wage Transparency Law Takes Effect on June 1, 2025

Saul Ewing LLP on

New Jersey’s wage transparency law that was signed by Governor Phil Murphy on November 18, 2024, will take effect on June 1, 2025. For a more fulsome discussion of the ins and outs of New Jersey’s pay transparency law, check...more

Mandelbaum Barrett PC

Tip Credit in New Jersey: What Bill A-5433 Means for Restaurants and Workers

Mandelbaum Barrett PC on

As the New Jersey legislature considers eliminating the tip credit—a move that would require all restaurant workers to be paid the full minimum wage regardless of tips—the hospitality and business communities are pushing...more

Goldberg Segalla

New Jersey Joins New York and Pennsylvania in Treating Commissions as Wages

Goldberg Segalla on

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

Pietragallo Gordon Alfano Bosick & Raspanti,...

NJ Expands Wage Law to Cover Commissions – How It Compares to PA

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

Epstein Becker & Green

New Jersey Supreme Court Confirms: Commissions Are Wages Under the New Jersey Wage Payment Law

Epstein Becker & Green on

In a decision with significant implications for employers and employees alike, the New Jersey Supreme Court on March 17, 2025, clarified that commissions constitute wages under the New Jersey Wage Payment Law (“NJWPL”)....more

Marshall Dennehey

New Jersey Proposes Bills to Protect Workers from Heat-Related Illnesses and Injuries

Marshall Dennehey on

In the absence of a heat stress standard by the Occupational Safety and Health Administration (OSHA), New Jersey is seeking to adopt one for the protection of workers against heat-related illnesses. Bill A-5022, which...more

Nelson Mullins Riley & Scarborough LLP

New Jersey and New York Legislators Introduce Bills Proposing New Restrictions on Employment Agreements

Following the Federal Trade Commission’s proposed non-compete ban being overturned last year, certain state legislatures remain focused on limiting restrictions on employees. Recently, New Jersey and New York lawmakers each...more

Seyfarth Shaw LLP

New Jersey Supreme Court Finds Commissions Are Considered “Wages” Under State Law

Seyfarth Shaw LLP on

On March 17, 2025, the New Jersey Supreme Court ruled that commissions are considered “wages” under the New Jersey Wage Payment Law (“NJWPL”). This critical decision clarifies that commissions are direct monetary compensation...more

Vedder Price

The New Jersey Supreme Court Finds that Commissions Are Wages Under the New Jersey Wage Payment Law

Vedder Price on

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

Stevens & Lee

Third Circuit Predicts No Private Right of Action for Denied Job Applicants Under New Jersey Cannabis Law

Stevens & Lee on

On Dec. 9, 2024, a divided panel of the Third Circuit Court of Appeals affirmed the dismissal of a class action lawsuit by New Jersey job applicants denied employment by Walmart because they tested positive for cannabis. The...more

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