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Total Articles: 10

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.

Nurse’s Disability Discrimination Claims May Proceed to Trial, New Jersey Supreme Court Rules

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.

New Jersey Legislature Considers Raising Minimum Wage for Subcontractors at Transportation Centers

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.

New Jersey Bills to Provide Employment Protections for Medical Marijuana Patients Introduced

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.

New Jersey Bill Seeks to Increase Family Leave Insurance Benefits

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.