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Total Articles: 3

New Jersey Bill Seeks to Bar Pre-Hire Inquiries into Candidate Compensation History

The New Jersey State Assembly is considering a bill (A-4119) that would amend the New Jersey Law Against Discrimination (“LAD”) to prohibit an employer from seeking compensation information on a candidate. If passed, the legislation will affect the hiring process in New Jersey, including requiring changes to application materials, interview questions, and negotiations over compensation.

New Jersey Agency Issues Regulations on Statewide “Ban-the-Box” Law

As previously reported, on August 11, 2014, New Jersey Governor Chris Christie signed “The Opportunity to Compete Act” – New Jersey’s so-called “ban-the-box” law – which restricts the ability of covered employers to inquire into, and use, criminal records. On November 2, 2015, New Jersey’s Department of Labor and Workforce Development, which is responsible for enforcing the Act, released “The Opportunity to Compete Act Rules” (Rules). The Rules became effective on December 7, 2015. This Insight will provide an overview of the Act and also will highlight key portions of the new rules.1

No Tortious Interference Where Information Provided to Prospective Employer Was Truthful.

The plaintiff, who was terminated for violating company policy, later received an offer of employment from a new employer contingent on a background check. When the prospective employer learned from the prior employer the reason for the plaintiff’s termination, it withdrew the offer. The plaintiff sued his prior employer for, inter alia, tortious interference with prospective economic advantage.
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