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Total Articles: 10

New Jersey Restrictive Covenant Bill Aims to Change the Landscape

Providing a private right of action and barring judicial modification are just two features of a bill that aims to severely limit the use of non-compete agreements in New Jersey.

Bill Would Revise New Jersey Law Against Discrimination to Limit Employment Agreements

A bill in the New Jersey State Senate would effectively prohibit jury waivers, arbitration clauses, and non-disclosure provisions related to claims under the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-1, et seq. (LAD).

New Jersey Bill Seeks to Significantly Restrict the Use and Enforceability of Non-Compete Agreements

On November 9, 2017, the New Jersey Senate introduced Senate Bill 3518, which would drastically limit an employer’s ability to enter into, and subsequently enforce, restrictive covenants (or “non-compete” agreements) with employees. The bill would also impose certain notice and monetary obligations on employers that seek to enforce restrictive covenants against their former employees. If passed, Senate Bill 3518 will have a dramatic impact on a New Jersey employer’s ability to protect its legitimate business interests and prevent unfair competition by former employees.

Employers Can Expect New Problems When Recreational Marijuana Hits New Jersey

Executive Summary: A cornerstone of Governor-elect Phil Murphy’s campaign platform was the decriminalization of marijuana in New Jersey. The proposed bill most likely to become law with the new administration comes as employers are just getting comfortable with a workforce eligible for medical marijuana use. Though similar to current medical marijuana policy, the new law legalizing recreational marijuana use will affect hiring, discipline, and firing decisions in novel and important ways.

Volunteers Not Protected By New Jersey’s Whistleblower Law, Says Court

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).

New Jersey Court Invalidates Regulation Defining ‘Simple Misconduct’ Under Unemployment Law

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.

2-Year Statute of Limitations Applies to HIV Patient’s Privacy Suit

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.

New Jersey Expands Protection for United States Armed Forces Members and Veterans under New Jersey Law Against Discrimination

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.

New Abuse Reporting Requirements for Long-Term Care Facility Employees in New Jersey

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.

Will New Jersey Be Next to Jump on the (Wage History) “Ban” Wagon?

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.