Total Articles: 10
Fisher Phillips • October 03, 2017
A New Jersey appeals court recently ruled that a volunteer firefighter was not an “employee” of the volunteer fire company from which he was expelled, rejecting his whistleblower claim and strictly interpreting the state’s statute. The September 13, 2017 ruling should offer guidance to New Jersey employers regarding whether true “volunteers” are protected under the state’s Conscientious Employee Protection Act, commonly known as “CEPA” (Sauter v. Colts Neck Volunteer Fire Company No. 2).
Ogletree Deakins • September 08, 2017
The Superior Court of New Jersey, Appellate Division, recently invalidated a regulation of the New Jersey Unemployment Compensation Act (UCA) that attempted to define, for the first time in codified form, the concept of “simple misconduct” by an employee that can limit his or her eligibility for unemployment benefits under the UCA.
Jackson Lewis P.C. • August 22, 2017
A New Jersey appeals court recently ruled that a two-year statute of limitations applies to a claim by an HIV-positive patient asserting one of his doctors improperly disclosed his medical status to a third party without consent. The three-judge Appellate Division panel rejected arguments by the doctor that the suit should be dismissed as time-barred by the one-year statute of limitations typical of defamation claims.
FordHarrison LLP • August 14, 2017
Executive Summary: Governor Chris Christie signed into law New Jersey Senate Bill S726, expanding the New Jersey Law Against Discrimination to prohibit all forms of discrimination against members of the Armed Forces and veterans. The law was signed on August 7, 2017, and took effect immediately.
Goldberg Segalla LLP • August 13, 2017
Employees of long-term care facilities in New Jersey will soon be subject to new requirements when it comes to reporting abuse. A law recently passed by the New Jersey Legislature and signed by Governor Christie on August 7, 2017, requires these employees to contact the local police when they have “reasonable cause to suspect or believe” that an “elderly person is being or has been abused or exploited.” The law takes effect on October 6, 2017.
Jackson Lewis P.C. • July 19, 2017
New Jersey is moving closer to enacting a law that would prohibit employers from inquiring about applicants’ salary histories. The bill, passed in the Democratic-controlled state Assembly and now the state Senate, is one of several similar bills that have passed or are being considered across the country. Governor Chris Christie now will decide whether to sign the bill into law.
Jackson Lewis P.C. • July 18, 2017
A registered nurse employed by a New Jersey health care system for approximately 10 years may proceed to a jury trial with her disability and perceived disability claims under the New Jersey Law Against Discrimination, the Supreme Court of New Jersey has ruled. Grande v. Saint Clare’s Health Sys., 2017 N.J. LEXIS 746 (July 12, 2017). Summary judgment is not appropriate in this case because significant questions of fact exist, the Court found.
Jackson Lewis P.C. • June 13, 2017
The New Jersey Legislature is considering a bill (S-3226; A-4870) to raise the minimum wage for employees of subcontractors at Newark Liberty International Airport, Newark Penn Station, and the Hoboken Terminal. If the bill passes, the minimum wage for these employees could be as high as $17.98 an hour, which would effectively eliminate and, in fact, more than double the current state minimum wage of $8.44 an hour.
Ogletree Deakins • April 04, 2017
On January 18, 2010, the New Jersey Compassionate Use Medical Marijuana Act (NJCUMMA) was signed into law. While the NJCUMMA explicitly states that it does not require employers to accommodate a qualified patient’s use of medicinal marijuana in the workplace, that could be changing soon.
Ogletree Deakins • April 04, 2017
On March 13, 2017, a bill that would increase both the duration and, for lower paid workers, the weekly amount of Family Leave Insurance (“FLI”) benefits was introduced in the New Jersey Senate and referred to the New Jersey Senate Labor Committee for review.