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Total Articles: 10

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).

New Jersey Enters Partnership with USDOL To Fight Worker Misclassification

Executive Summary: Just months after New Jersey Governor Phil Murphy signed Executive Order No. 25 establishing a task force to combat employee misclassification, the NJ Department of Labor and Workforce Development (LWD) entered into a cooperation agreement with the US Department of Labor (USDOL) to work together to fight worker misclassification.

New Jersey Mandates Drug Testing Of Direct Support Staff

All applicants and employees working in any New Jersey Department of Human Services (“DHS”) funded, licensed or regulated program serving adults with developmental disabilities are subject to mandatory drug testing, effective May 1, 2018. Under the Stephen Komninos’ Law, New Jersey Public Law 2017, Chapter 238, covered employers are required to administer pre-employment, random and reasonable suspicion drug testing. The law does not require alcohol testing.

Is Your Sexual Harassment Policy Worth The Paper It Is Printed On?

In a post-Harvey Weinstein world, in a time when #MeToo has significantly affected the national discourse and new harassment allegations are leveled against powerful individuals on a near-daily basis, it is more crucial than ever for companies to adopt and maintain compliant anti-(sexual) harassment policies. However, it is not enough to simply have a harassment-free policy on the books or digitally. The policy must be promulgated and implemented effectively. Otherwise, the company risks being found liable for its employees’ inappropriate conduct.

The Latest Buzz: New Jersey Employer Must Reimburse Injured Employee for Cost of Medical Marijuana

Executive Summary: Rejecting Freehold Township’s claim the entire case was barred by the federal Controlled Substances Act (CSA), a workers’ compensation judge ruled the municipality must reimburse its employee for the cost of medical marijuana to treat his work-related injury. This contrasts with a recent decision from Maine’s highest court, which held that compliance with an administrative order compelling an employer to subsidize an employee’s use of medical marijuana constitutes aiding and abetting, which is a violation of the CSA.

New Jersey 2018 Legislative Update: 11 Bills That Employers Should Watch

On January 16, 2018, Democratic candidate Phil Murphy was sworn in as the 56th governor of the State of New Jersey, replacing Republican former governor Chris Christie. As reflected in the Report of the Labor and Workforce Development Transition Advisory Committee, Governor Murphy’s administration is poised to advance legislation that will have a significant impact on employers doing business in New Jersey. From raising the minimum wage to $15 per hour to curbing employee misclassification abuse, employers large and small can expect new legislation impacting the employer-employee relationship. In fact, in just his first six months in office, Governor Murphy has already signed into law one of the most expansive pay equity laws in the nation as well as a law that provides paid sick leave for New Jersey employees.

New Jersey Closer to Bar on Jury Waivers, Arbitration Agreements, Secrecy of Harassment Settlements

The New Jersey Senate has passed a bill that would prohibit jury waivers and agreements that conceal the details of discrimination claims under the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-1, et seq. (LAD). The bill, which passed by a vote of 34-1, also would call into question the enforceability of agreements to arbitrate LAD claims. The significant support it received in the Senate may signal quick passage in the Assembly and the likelihood of signature by the Governor.

Are You Covered?

The New Jersey State Bar Association recently met to discuss, among other things, our favorite topic: Cybersecurity. (Perhaps our esteemed Privacy, e-Communication and Data Security Practice Group chair was there….) We wanted to briefly mention two critical points discussed:

New Jersey Paid Sick Leave Bill Signed Into Law

On May 2, 2018, New Jersey Governor Phil Murphy signed into law a bill that requires New Jersey employers to provide their employees with paid sick leave. Once enacted, New Jersey will join nine other states and the District of Columbia in requiring paid sick leave. The law will become effective on October 29, 2018. The key provisions of the law and their impact on employers doing business in New Jersey are summarized below.

New Jersey Law Will Require Employers to Provide Paid Sick Leave

On May 2, 2018, New Jersey Governor Phil Murphy signed into law the New Jersey Earned Sick and Safe Days Act, which requires all New Jersey employers to provide earned sick leave to all employees. The law will take effect on October 30, 2018.