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Total Articles: 10

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.

Frequently Asked Questions About the New Jersey Paid Sick Leave Law, Part I

The New Jersey Paid Sick Leave Law (PSLL) goes into effect on October 29, 2018. We have received hundreds of questions in the last few weeks from employers seeking guidance on what they must do to comply with the law in advance of its looming effective date.

New Jersey Paid Sick Leave Law Update: Required Poster Released

On October 3, 2018, the New Jersey Department of Labor and Workforce Development (NJDOL) released on its website the required notice that must be posted and distributed to all New Jersey employees under the New Jersey paid sick leave law. You can find a copy of the notice on the NJDOL’s website.

The Latest Buzz: New Jersey Moves One Step Closer to Legalization of Adult Recreational Marijuana Use

On September 12, 2018, New Jersey’s Senate offered proposed amendments to S. 2701, inching the New Jersey Marijuana Legalization Act toward enactment.

New Jersey Department of Labor Releases Proposed Paid Sick Leave Regulations

Proposed regulations on the New Jersey Paid Sick Leave Act (NJPSLA) were released by the New Jersey Department of Labor and Workforce Development (NJDOL) on September 18, 2018. The NJPSLA will go into effect on October 29, 2018. The proposed Regulations address some questions created by the Act, but leave others unanswered.

New Jersey Paid Sick Leave Law -- Proposed Regulations Issued

The New Jersey Department of Labor and Workforce Development (NJDOL) recently issued proposed regulations to implement the New Jersey paid sick leave law (PSLL), which goes into effect on October 29, 2018. The proposed regulations address many questions New Jersey employers have about the new law, but other areas of uncertainty remain.

New Jersey Law Expands Striking Workers’ Eligibility for Unemployment Benefits and Imposes Penalties for Hiring Permanent Replacements

On August 10, 2018, New Jersey Governor Phil Murphy signed legislation allowing striking workers to collect unemployment benefits under several new and potentially expansive circumstances. The new law applies to all New Jersey employers and any claim for unemployment benefits for a period of unemployment commencing on or after July 1, 2018.

Common Sense Prevails: Waiving a Drug Test as a Condition of Employment is Not a Reasonable Accommodation

Executive Summary: In Cotto v. Ardagh Glass Packing, Inc., 2018 U.S. Dist. LEXIS 135194 (D.N.J. Aug. 10, 2018), a case of first impression, the federal district court held that neither New Jersey’s Law Against Discrimination (LAD) nor Compassionate Use Medical Marijuana Act (CUMMA) require an employer to waive a drug test as a condition of employment. The court dismissed claims of discrimination, retaliation, and failure to accommodate the plaintiff’s disability.

No Dire Straits for Workers Involved in Labor Disputes in N.J. as Governor Expands Eligibility for Unemployment Benefits

On Friday, August 10, 2018, New Jersey Governor Phil Murphy signed a bill amending the State’s unemployment insurance law to provide benefits to employees in a variety of new and, in some cases, novel circumstances. Specifically, the new law provides for unemployment insurance benefits to be paid: (a) when a labor dispute prompting the employee’s period of unemployment is caused by an employer’s failure or refusal to comply with an agreement or contract with the employee, including a collective bargaining agreement with the employee’s union, or the employer’s failure or refusal to comply with State or federal laws related to hours, wages or other conditions of work; (b) after 30 days, when unemployment is caused by a strike or other concerted activities by employees; and/or (c) immediately, when the employer of striking workers opts to hire permanent replacement workers, as permitted under the National Labor Relations Act.

New Jersey Law Does Not Require Employers To Accommodate Medical Marijuana Users By Waiving Drug Tests

A federal court in New Jersey has held that neither the New Jersey Compassionate Use Medical Marijuana Act (“NJCUMMA”) nor the New Jersey Law Against Discrimination (“NJLAD”) compels an employer to waive its requirements for employees to pass drug tests, even when those drug tests include testing for marijuana. Cotto v. Ardagh Glass Packing, CV-18-1037 (D.N.J. August 10, 2018).