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State Employment Law Articles
Report Link No Evidence Of Pretext Where Female Plaintiff Was Hired To Replace Male, And Was Fired By Same Committee Who Hired Her; Plaintiff Not Entitled To Bonus Payment Under NJ Wage Payment Law Where Her Bonus Had Not Vested At Time Of Her Termination.Ogletree Deakins - August 05, 2008 The Third Circuit Court of Appeals affirmed summary judgment for the employer on a gender discrimination claim, despite evidence that the alleged poor performance for which Plaintiff (a Senior VP) was terminated, was never mentioned in her termination letter. Report Link Supreme Court Declines, For Now, To Recognize Common-Law "Prima Facie Tort" Claim.Ogletree Deakins - August 05, 2008 In a non-employment case that may have implications for employers, the Supreme Court declined for now to recognize the cause of action known as "prima facie tort". Report Link New Jersey Supreme Court Committee Recommends Mandatory CLE for All NJ Attorneys, Including In-House Counsel.Ogletree Deakins - July 03, 2008 On May 20, 2008, the Supreme Court Ad Hoc Committee released its draft report and recommendations regarding the implementation of mandatory continuing legal education (CLE) in the state of New Jersey. Key recommendations include: 24 CLE credits to be required every two years, including 4 in ethics/professionalism; 6 non-ethics credit hours may be carried over to the next cycle; and up to 12 credits per cycle may be earned through alternative formats (internet, audiotape). Report Link Bill Introduced to Speed Up Contract Negotiations Between Public Employers and Police and Fire Unions.Ogletree Deakins - July 03, 2008 A bill (A2243) recently was introduced to accelerate the process for resolving contract negotiations between public employers and police and fire unions. Report Link Assembly Bill Introduced to Allow Corporate Officers to Make Equity Grants to Employees.Ogletree Deakins - July 03, 2008 An Assembly bill (A2885) introduced on June 5 would give greater flexibility to corporations in granting equity awards to employees. Report Link Bill to Bar Confidential Settlements by Public Entities Introduced.Ogletree Deakins - July 03, 2008 On June 5, a bill (A2893) was introduced which would bar public entities and employees from entering into confidential settlements, including settlements of employment disputes. Report Link Plant Closing Relief Bills Introduced.Ogletree Deakins - July 03, 2008 Three bills were introduced in the Senate and the Assembly that would provide additional protections for workers affected by plant closings, transfers and mass layoffs. Report Link Governor Corzine Signs Bill to Prevent July Tax Increase to Employers.Ogletree Deakins - July 03, 2008 On June 19, Governor Jon Corzine signed S1698 into law authorizing a supplemental appropriation of $260 million from the State’s 2008 budget surplus to prevent a scheduled July tax increase on employers due to the depletion of State unemployment compensation funds. Report Link Proposed Jobs, Trade And Democracy Act Advances To Possible Floor Vote.Ogletree Deakins - June 09, 2008 On May 22, the Assembly Labor Committee released the “Jobs, Trade and Democracy Act,” which is new legislation (A2754) that would provide for greater State oversight of international trade policy affecting New Jersey, to a potential floor vote. Report Link Bill Introduced To Create Committee To Study Issues Concerning Senior Citizen Employees.Ogletree Deakins - June 09, 2008 On May 22, a bill (A2791) was introduced that would create a “New Jersey Senior Labor Task Force,” appointed by the Governor, to study and evaluate issues concerning employment of senior citizens in the State’s (private and public sector) labor force, including age discrimination, eliminating barriers preventing senior citizens from the labor force, and finding ways to encourage employers to employ senior citizens. Report Link Proposed Legislation Would Bar Confidential Settlements In Public Sector Cases.Ogletree Deakins - June 09, 2008 Senate bill S1262, which would prohibit public entities and public employees from entering into confidential court settlements of claims. Report Link English Only Bill Filed In Assembly.Ogletree Deakins - June 09, 2008 On May 22, a bill (A2866) was introduced in the Assembly to amend the New Jersey Law Against Discrimination (NJLAD) to expressly provide that it shall not be an unlawful employment practice for an employer to require an employee to speak, or an applicant for employment to speak, English while engaged in work. Report Link New Jersey “Baby WARN” Act Threatens Adult-sized Penalties Vedder Price - June 05, 2008 On December 20, 2007,
Governor Corzine signed into
law the Millville Dallas Airmotive
Plant Job Loss Notifi cation Act
(“Millville Dallas Act”) (named
after a large facility that closed
in 2004 leaving hundreds
without jobs). This is New
Jersey’s version of the federal
WARN Act, and resembles
federal law in many respects. Report Link Refusal to Pay Sales Commission to Former Employee Upheld.Ogletree Deakins - April 04, 2008 The Appellate Division affirmed a lower court decision which held the employer properly refused to pay sales commissions to a former employee where the customer paid for the product only after the employee had left the company. Report Link Company's Public Refutation of Plaintiff's Claims Not Actionable.Ogletree Deakins - April 01, 2008 Plaintiff alleged that he was unlawfully terminated after complaining that his employer had been making improper payments to foreign officials. Report Link The New Jersey Military Leave Law Expanded.Ogletree Deakins - April 01, 2008 On January 3, 2008, the New Jersey Military Leave law concerning reemployment of military service personnel (N.J.S.A. 38:23C-20) was amended. Report Link New Jersey Enacts Its Own 'Mini-WARN' Act.Buchanan Ingersoll & Rooney PC - January 23, 2008 Recently, New Jersey Governor Jon Corzine signed into law the Millville Dallas Airmotive Plant Job Loss Notification Act, otherwise informally known as "NJ Warn." NJ Warn tracks and supplements the federal Work Adjustment and Retraining Notification (WARN) Act, which requires employers to give notice to employees who will be terminated in mass layoffs. Report Link Planning a Cutback? New Jersey Employers Must Use Caution.Fisher & Phillips, LLP - January 10, 2008 New Jersey employers with 100 or more employees contemplating a transfer or closure of operations that impacts 50 or more employees at a New Jersey facility must comply with the recently enacted Millvale Dallas Airmotive Plant Job Loss Notification Act (NJ Warn Act). Report Link New Jersey Enacts Punitive Plant Closing Notification Law.Ogletree Deakins - January 08, 2008 New Jersey employers are now subject to a plant closing notification law that is significantly more punitive than the existing federal WARN Act under a bill signed into law by Governor Corzine, which became effective on December 20, 2007. Report Link Warning to New Jersey Employers: New WARN Notice Obligations in New Jersey and High Costs for Failure to Comply.Littler Mendelson, P.C. - January 07, 2008 On December 20, 2007, New Jersey became the 16th state to enact a plant closing law modeled after the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. section 2100 et seq.) ("Fed WARN"), when Governor Jon Corzine signed into law the oddly named "Millville Dallas Airmotive Plant Job Loss Notification Act'" ("NJ WARN"). Employers planning layoffs in New Jersey must know they can no longer comply only with the notice requirements set out in Fed WARN. Report Link New Jersey Employers "Warned" Over Job Losses.Jackson Lewis LLP - December 31, 2007 A new law, purportedly designed to combat "take-the-money-and-run" plant closings and mass layoffs and effective immediately, may give New Jersey employers another reason to call their lawyers. The Millville Davis Airmotive Plant Job Loss Notification Act ("NJ Warn") was signed by Governor Corzine on December 20, 2007. While the new state law (which takes its name from the closing of a large facility in 2004 leaving hundreds of employees without jobs) tracks the existing federal plant closing law in a number of respects, it goes well beyond its federal counterpart in others. Report Link New Jersey Sets Civil and Criminal Penalties for Misclassifying Construction Employees.Jackson Lewis LLP - August 08, 2007 New Jersey employers in the construction industry who improperly classify construction workers as independent contractors may face criminal as well as civil penalties. Signed into law on July 13, 2007, the Construction Industry Independent Contractor Act (the "CIICA") raises the stakes when employers gamble on whether individuals hired to perform construction work can be treated as independent contractors. Report Link New Jersey Conscientious Employee Protection Act No Longer Just for 'Employees'; Independent Contractors Are Protected In Certain Cases.Buchanan Ingersoll & Rooney PC - August 02, 2007 The New Jersey Supreme Court recently issued two long-anticipated rulings regarding who may sue under the Conscientious Employee Protection Act ("CEPA"), New Jersey's whistleblower statute. The two decisions are D'Annunzio v. Prudential Ins. Co., No. A-119-2005, slip op. (N.J. July 25, 2007), and Stomel v. City of Camden, No. A-45-2006, slip. op. (N.J. July 25, 2007). In these companion cases, the Court has made clear that, under CEPA, an independent contractor, under certain circumstances, can be an "employee" and, therefore, have standing to sue. Employers should be aware that in determining whether a person is an "employee" who may sue under CEPA, courts will now focus on the degree of control and direction exercised by the employer over the professional worker and the integration of the individual's services with the employer, as opposed to the label the parties attach to the relationship, or the manner of compensation. Report Link NJ Senate Sends Plant Closing Bill To Governor (pdf).Vedder Price - April 13, 2007 The bill would require WARN-type notice to New Jersey closings. Report Link New Jersey Supreme Court Rules On Rights Of Members Of Same-Sex Couples (pdf).Ogletree Deakins - October 31, 2006 New Jersey Alert - New Jersey Supreme Court Rules On Rights Of Members Of Same-Sex Couples.
Report Link New Jersey Domestic Partnership Act Provides Spousal Rights to Same-Sex Couples.Jackson Lewis LLP - January 15, 2004 On January 12, 2004, New Jersey Governor James E. McGreevey signed the Domestic Partnership Act granting legal status to same-sex couples and unmarried, opposite-sex couples age 62 or over under certain New Jersey laws. Report Link Employers May Be Subject to Damage Actions for OSHA Violations in New Jersey Injury Cases.Jackson Lewis LLP - September 18, 2003 A pair of recent decisions from the New Jersey Supreme Court has sent a strong warning to employers in violation of federal Occupational Safety and Health Act standards and related employee protection regulations.
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Count and Sub-TopicsArticles Found: 27NO SUBTOPICSEmployment Law Seminars
Successfully Navigating the Bermuda Triangle of Time Away from Work
Atlanta
2008-10-8 Jackson Lewis LLPFast Forward: Staying Ahead of Emerging Employment IssuesMinnetonka
October 8, 2008 Ford & HarrisonGuidance on the Newly FMLA RegulationsMarion
October 8, 2008 Baker DonelsonElections 2008: Challenges & Opportunities for EmployersBIRMINGHAM
October 9, 2008 ConstangyEmployee Free Choice Act: More Than Just a Misleading Name.Birmingham
October 10, 2008 Littler43rd Annual Midwest Labor and Employment Law Seminar on October 12-13, 2008Easton
October 12, 2008 Baker HostetlerReserve the Dates!!! – Public Sexual Harassment Training Webinar for Supervisors and ManagersOnline
October 14, 2008 Ballard RosenbergThe 2008 Nevada Employer: RenoReno
October 14, 2008 LittlerSouth Carolina's Immigration Law, I-9 & E-Verify Breakfast BriefingSpartanburg
October 14, 2008 Ford & HarrisonEmployment Law WorkshopLa Jolla
October 14, 2008 Fisher & Phillips |
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