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Total Articles: 10

Is Your Business Complying with New Jersey’s Earned Sick Leave Law?

A new sick leave law is in effect in New Jersey. The law applies to all private sector employers with employees in NJ, regardless of size. It provides paid sick leave (PSL) to almost all private sector full-time and part-time employees who work in NJ (excluding construction employees covered by a collective bargaining agreement and per diem health care employees). The sick leave law took effect on October 29, 2018. In light of the law’s significant penalties (including the ability of employees to sue employers in court for violations and obtain liquidated damages), employers should ensure their NJ employees are accruing and using paid time off in compliance with the Earned Sick Leave Law.

Bill Would Impose Significant Apprenticeship Requirements on New Jersey Contractors

On December 17, 2018, the New Jersey Legislature paved the way for a game-changing prerequisite for N.J. public works contractors. The State Assembly and Senate passed Assembly Bill A-3666 and forwarded it to Governor Murphy for his signature. If signed into law as is expected, the bill—which would impose new apprenticeship and training requirements on public works contractors—would be among the most restrictive of its kind in the country. Governor Murphy has until the end of January to sign the legislation, which would become effective 90 days thereafter.

Successful Defense of Client in Workers’ Compensation Case Brings Dismissal of Claim on Basis of Jurisdiction

It started in June 2018 with a hotel bellman’s claiming in court that he had injured his abdomen, back, and shoulder while picking up luggage and ended in September 2018 with our attorneys’ convincing a judge to dismiss the man’s workers’ compensation claim.

Failure of Parties to Identify an Arbitration Forum Can Invalidate an Arbitration Agreement for Lack of Mutual Assent

In a recent appellate court opinion of first impression in New Jersey, the Appellate Division reversed a trial court’s order compelling arbitration and found the parties’ failure to identify any arbitration forum or the process for choosing that forum was not a “meeting of minds.” Pursuant to basic principles of contract law, the Appellate Division invalidated the arbitration clause.

New Jersey Courts Continue to Raise the Bar for Enforceable Arbitration Agreements

The New Jersey Appellate Division recently issued a decision adding yet another hurdle for employers in the Garden State to overcome in drafting and enforcing arbitration agreements. In Flanzman v. Jenny Craig, Inc.,1 the court found that because an arbitration agreement did not establish the forum for the arbitration, the agreement lacked sufficient details to establish the “meeting of the minds” component crucial to rendering it enforceable. As a result of this decision, employers operating in New Jersey should consider taking a fresh look at their arbitration agreements to ensure they include the necessary provisions.

New Jersey Publishes Mandatory Paid Sick Leave Notice in 12 New Languages

New Jersey’s Department of Labor and Workforce Development (NJ DOL) created a webpage concerning the state’s paid sick and safe time law, which took effect on October 29, 2018. Available online resources on the page include the mandatory notice in English and 12 other languages: Arabic, Chinese (simplified and traditional), Guajarati, Haitian Creole, Hindi, Italian, Korean, Polish, Portuguese, Spanish and Tagalog.

New Jersey Releases FAQ on Paid Sick and Safe Time Law

Just days before New Jersey’s paid sick and safe time (PSST) law is set to take effect on October 29, 2018, the New Jersey Department of Labor and Workforce Development issued a set of Frequently Asked Questions (FAQ) to help employers comply with the new law, as proposed regulations implementing the law likely will not be finalized until 2019.

NJ Publishes FAQs To Clarify Requirements Of Paid Sick Leave Law

Just a few short days before the New Jersey Paid Sick Leave Act will become law, requiring New Jersey employers of all sizes to provide up to 40 hours of paid sick leave per year to covered employees, the state Department of Labor and Workforce Development (DOL) published a Frequently Asked Questions (FAQs) document aimed at addressing unanswered questions about the law. This comes on the heels of the agency publishing a mandatory workplace poster and a set of proposed regulations.

New Jersey Paid Sick Leave Law Update: NJDOL Issues New Guidance

In response to many questions about the New Jersey Paid Sick Leave Law, which will go into effect on Monday, October 29, 2018, the New Jersey Department of Labor and Workforce Development (NJDOL) issued a detailed list of answers to frequently asked questions (FAQs) on October 24, 2018. Many of the answers to the FAQs simply restate the provisions of the proposed regulations, but others clarify open questions. Below are some of the more significant clarifications the NJDOL provided (verbatim from the NJDOL’s FAQs). Our own FAQ responses in our three-part blog series provide additional information on the new sick leave law.

NJ Employers Are One Step Closer To Mandatory Paid Sick Leave

n just a few short weeks, New Jersey employers will be required to comply with the state’s new Paid Sick Leave Act. Once October 29 is upon us, New Jersey employers of all sizes will need to provide up to 40 hours of paid sick leave per year to covered employees. In advance of the impending effective date, the state Department of Labor and Workforce Development (DOL) has just published both a mandatory workplace poster and a set of sweeping regulations covering the new law—and you’ll want to familiarize yourself with both.