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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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Fisher Phillips | California | California Supreme Court Embraces Employee-Friendly Formula For Calculating OT Pay (March 05, 2018)

Fisher Phillips | California | FEHC Proposes Regulations to Implement California’s New “Ban the Box” and “New Parent Leave” Laws (March 04, 2018)

Fisher Phillips | California | Your Comprehensive Guide to 2018 Proposed California Legislation (February 28, 2018)

FordHarrison LLP | California | California Supreme Court's Recent Overtime Ruling Likely to Cause Payroll Problems (March 07, 2018)

Jackson Lewis P.C. | California | California Court of Appeals Holds Labor Code § 558 Claims Are Indivisible Claims and Not Arbitrable (February 28, 2018)

Jackson Lewis P.C. | California | Calculating Overtime Value of Flat-Sum Bonus Must Be Based on Actual Non-Overtime Hours Worked, California High Court Holds (March 11, 2018)

Jackson Lewis P.C. | California | Pending California Legislation Alert! Recently Introduced Bill Seeks to Protect Medicinal Marijuana Users from Employment Discrimination in California (February 27, 2018)

Fisher Phillips | California | The Plot Thickens: Trump Administration Sues California Over New Immigration Laws, Including AB 450 (March 09, 2018)

Ogletree Deakins | California | High Times in San Francisco: DA Promises To Expunge Cannabis Convictions Without Petitions (February 25, 2018)

Jackson Lewis P.C. | California | California Transportation Industry Waives Goodbye to Enforcement of Federal Arbitration Act Provisions in Employment Contracts (March 07, 2018)