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State Employment Law Articles
Article Index » new jersey » whistle blowers
Report Link N.J. Supreme Court Extends New Jersey Law Against Discrimination Independent Contractor Test to the Whistleblower Statute.
Littler Mendelson, P.C. - August 17, 2007
In a potentially far-reaching decision, the New Jersey Supreme Court, in D'Annunzio v. Prudential Insurance Co, No. A-119-2005 (July 25, 2007), ruled that in certain circumstances, an independent contractor may constitute an employee under New Jersey's whistleblower statute, the Conscientious Employee Protection Act (CEPA), and thus be entitled to pursue a statutory wrongful termination claim. In doing so, the New Jersey Supreme Court adopted for cases brought under CEPA the test used to analyze independent contractor status under New Jersey's fair employment practices law, the Law Against Discrimination.
Report Link "Independent Contractor" Afforded Protection Under New Jersey's Whistleblower Act.
Jackson Lewis LLP - August 06, 2007
In a groundbreaking expansion of the broad protections afforded workers under the New Jersey Conscientious Employee Protection Act ("CEPA"), the New Jersey Supreme Court recently held a professional individual designated an independent contractor in a private agreement was entitled to whistleblower protection under the statute.
Report Link N.J. Supreme Court Expands Whistleblower Law's Coverage.
Ogletree Deakins - August 01, 2007
The New Jersey Supreme Court recently issued two opinions expanding the class of workers entitled to protection under the Conscientious Employee Protection Act ("CEPA"), N.J.S.A. 34:19-1 to -8, also known as New Jersey's "Whistleblower" statute. In D'Annunzio v. Prudential Insurance Co., A-119-05 (July 25, 2007) and Stomel v. City of Camden, A-45/46-06 (July 25, 2007), the Court found that workers hired as independent contractors may be entitled to CEPA's protections.
Report Link Worker's Whistleblowing Claim May Proceed (pdf).
Ogletree Deakins - January 31, 2007
New Jersey Supreme Court finds that transfer followed complaints.
Report Link NJ Whistleblower Statute: Recent Developments.
Vedder Price - December 08, 2006
New Jersey courts continue to broadly interpret the protections of the State’s Conscientious Employee Protection Act. In line with an Appellate Division decision earlier this year holding that an independent contractor may be an “employee” under the Act (D’Annunzio v. Prudential Ins. Co., reported in our April 2006 edition, Vol. 26, No. 2), a recent New Jersey Supreme Court decision holds that a shareholder-director of a professional association may be considered an “employee” for CEPA purposes. Feldman v. Hunterdon Radiological Ass’n. CEPA defi nes an employee as “any individual who performs services for and under the control and direction of an employer for wages or other remuneration.”
Report Link NJ Court Extends Whistleblower Protection to Certain Contract Workers (pdf).
Vedder Price - April 07, 2006
The Appellate Division of the Superior Court of New Jersey has held that contract workers may be entitled to the protection afforded regular employees under New Jersey’s whistleblower statute—the Conscientious Employee Protection Act (“CEPA”)
Report Link New Jersey Legislature Increases Employer Liability for Retaliation Against Whistleblowers.
Jackson Lewis LLP - March 08, 2006
The New Jersey legislature has taken steps to enhance legal protection for whistleblowers by expanding the scope of prohibited employer conduct under the Conscientious Employee Protection Act and by eliminating the cap on punitive damages under the Punitive Damages Act.
Report Link New Jersey DOL Revises Whistleblower Law Sample Notice.
Jackson Lewis LLP - March 11, 2005
In March 2005, the New Jersey Department of Labor and Workforce Development significantly revised its sample Employer Notice of employees' rights under the Conscientious Employee Protection Act, the state statute protecting whistleblowers.
Report Link Hear the Whistle Blow - New Jersey Employers Must Annually Distribute Summaries of Employee Rights Under the State's Whistleblower Protection Statute.
Littler Mendelson, P.C. - October 27, 2004
Under recently enacted legislation, New Jersey businesses employing more than 10 employees must annually distribute to their employees a written or electronic summary of their rights and protections under New Jersey 's "whistleblower" statute, entitled the Conscientious Employee Protection Act (CEPA). The new law became effective September 14, 2004, and is codified at N.J.S.A. 34:19-17.
Report Link New Jersey Whistleblower Law Amended to Require Annual Written Notice of Rights to Employees.
Jackson Lewis LLP - October 13, 2004
The New Jersey legislature amended the state's whistleblower law, the Conscientious Employee Protection Act ("CEPA"), to require employers with more than 10 employees to provide an annual written or electronic notice of rights and obligations under the Act to all employees in New Jersey.

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