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New Jersey Employer Liability Issues

Troutman Pepper Locke

Comments Submitted to New Jersey’s Proposed Regulation Expanding “ABC Test for Independent Contractor Status”

Troutman Pepper Locke on

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

Fisher Phillips

New Jersey Sharpens Focus on Misclassification Issues, Inches Closer to Adopting “ABC Test” Regulations: What Businesses Need to...

Fisher Phillips on

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

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

K&L Gates LLP

New Jersey's Attorney General and Division on Civil Rights Starts 2025 With Guidance on AI Use in Hiring

K&L Gates LLP on

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

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

Weber Gallagher Simpson Stapleton Fires &...

NJ Court Rules Medicare Set-Aside Funds Excluded from Workers’ Comp Attorney Fee Calculations

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

Marshall Dennehey

A Carrier May Have No Duty to Defend an Intentional Injury Claim Against an Employer Arising from a New Jersey Workers’...

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Key Points: A workers’ compensation insurance carrier normally does not have a duty to pay benefits for an intentional injury claim....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

Fisher Phillips

Top 10 Employer Takeaways as New Jersey Cracks Down on AI Discrimination

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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

Kelley Drye & Warren LLP

NJ Employers On Notice: Use of AI Tools Must Comply With New Jersey’s Law Against Discrimination

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

Epstein Becker & Green

Preparing for 2025: New Laws and Workplace Posting Requirements for New Jersey Employers

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Heading into 2025, New Jersey employers should familiarize themselves with notable 2024 legislative and administrative actions in the employment space....more

Saul Ewing LLP

Third Circuit Rules That Employees Cannot Sue Employers for Discrimination Based on Marijuana Use

Saul Ewing LLP on

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

Littler

Third Circuit Affirms That New Jersey’s Cannabis Law Does Not Allow a Private Right of Action

Littler on

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

Seyfarth Shaw LLP

Update: Governor Murphy Signs NJ Pay Transparency Legislation

Seyfarth Shaw LLP on

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

Cole Schotz

New Jersey Passes New Pay Transparency Law

Cole Schotz on

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

Vorys, Sater, Seymour and Pease LLP

New Jersey Employers: Prepare for New Pay Transparency Requirements

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

Epstein Becker & Green

On Trend: New Jersey Hops on the Pay Transparency Bandwagon

Epstein Becker & Green on

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

Seyfarth Shaw LLP

NJ State Assembly Passes Pay Transparency Legislation

Seyfarth Shaw LLP on

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

Jackson Lewis P.C.

Getting Clear on NJ’s Upcoming Pay Transparency Law: Terms, Requirements + Noncompliance Consequences Employers Need to Know

Jackson Lewis P.C. on

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

Genova Burns LLC

Pay Transparency Law Takes Big Step Forward - here’s what that means for employers

Genova Burns LLC on

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

FordHarrison

New Jersey Judge Interprets EFAA As Requiring Employment Claims to Be Split Into Two Forums

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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

Vedder Price

New Jersey Passes Wage Transparency Law

Vedder Price on

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

Fisher Phillips

New Year, Another Minimum Wage Increase in New Jersey: An Employer’s Guide to 2025

Fisher Phillips on

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

FordHarrison

New Jersey's Proposed Pay Transparency Law: Preparing for Potential New Compliance Obligations

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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

Littler

Temporary Workers Bill of Rights Scores a Victory in the Third Circuit Court of Appeals

Littler on

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

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