Total Articles: 64
New Jersey eAuthority (December 2011)
Reminder: Employers Must Comply with Requirement to Provide New NJDOL Notice; New Jersey Trade Secrets Act Goes to Governor for Final Approval; Bill Reintroduced to Bar Employment Disqualification Based on Criminal Conviction; NJDOL Proposes Rule to Restore the “Inside Sales” Exemption; Reminder: Annual CEPA Notice for Employers with 10 or More Employees Must Be Distributed;Reminder: Annual Wage Theft Prevention Notices Take Effect January 1, 2012;New York Attorney General Launches State Initiative Covering Religious Rights; “Professional Exemption” Under NJ Wage and Hour Law Applies to Employees Paid.
New Mandatory Poster
The New Jersey Department of Labor and Workforce Development (NJDOL) recently issued a new six-page notice that employers must post in their locations and provide to all employees. All New Jersey employers must immediately begin providing a copy of the notice to any new hires, and provide it to all current employees by December 7, 2011.
Make Room on Your Bulletin Board for New Jersey Labor Department’s New Notice
The New Jersey Department of Labor and Workforce Development (“NJDOL”) has placed new burdens on employers. A newly issued notice entitled, “Employer Obligation to Maintain and Report Records,” requires employers to (1) post this notice immediately in the workplace; (2) provide each employee hired prior to November 7, 2011, a written copy of the notice no later than December 7, 2011; and (3) provide employees hired after November 7, 2011, a written copy of the notice at the time of hire. A copy of the Notice is available here.
New Jersey Department of Labor and Workforce Development Requires New Handout/Poster
In 2009, New Jersey passed a law requiring the Department of Labor and Workforce Development (“DLWD”) to issue regulations providing that any employer who is required to maintain and report records regarding wages, benefits, and taxes pursuant to state law “shall conspicuously post notification” of the obligation to maintain and report those records.
New Jersey eAuthority (November 2011)
New Mandatory Poster and Notice Issued by NJDOL; “Inside Sales” Exemption Inadvertently Omitted in New NJ Wage and Hour Regulations; Senate Approves “New Jersey Trade Secrets Act”; Returns to Assembly for Consideration; New York Department of Labor Posts Wage Notices in Russian, Haitian Creole and Polish; Unemployment Appeals Tribunal Determination Precludes Summary Judgment.
New Jersey eAuthority (Summer 2011)
New Law Requires Employers to Provide Additional Information About Unemployment Benefits Upon Termination
NJDCR Publishes New Mandatory Posters for Employers
Proposed Regulations Regarding Required New NJDOL Handout and Poster
Regulations Proposed to Implement Law Protecting Unemployed Applicants
Proposed “Wage Protection Act” Would Impose Steep Penalties and Additional Criminal Sanctions for Wage Violations
Unemployment Insurance Tax Rates Reduced for 2012 and 2013
Prevailing Wage Regulations Concerning Maintenance Work Adopted
Governor Approves Amendments to New Jersey Employee Leasing Statute
New Reporting Requirements for Availability of Health Insurance
New York Department of Labor Posts Sample Wage Statement
Out-of-State In-House Attorneys May Counsel Legal Entities in New York
New Legislation Requires NYC Employers To Provide Accommodations For Religious Observance
New Jersey eAuthority (April 2011).
New Jersey Proposes New Overtime Rules for Exempt Employees; New Law Prohibits Exclusion of Unemployed Applicants in Job Ads; Criminal Background Checks on the Horizon for Home Enterprise Industry; Revised Emergency Regulations Regarding Mandatory Overtime for Nurses Extended to April 25, 2011; 15 Minutes Deemed Adequate Time to Review Separation Agreement.
New Jersey eAuthority (March 2011).
New Jersey Division on Civil Rights Proposes Amendments to Disability Discrimination Regulations; Governor Signs Bill Concerning Indemnification of Corporate Officers; Assembly Approves Governor’s Recommendations for Protecting Unemployed Job Applicants; Minimum Wage Advisory Commission Recommends Maintaining the Current Minimum Wage Rate; Amendment Proposed to Unemployment Insurance Law to Clarify Recent Changes Regarding Disqualification; Bill Penalizing Employers for Knowingly Employing Unauthorized Aliens Introduced; Enforceability of Class Action Waiver in Arbitration Agreement Must Be Decided by Arbitrator; No Adverse Inference When Employer Destroyed Records Pursuant to Company’s Retention Policy; Employer’s Improper Termination of ERISA Benefits Warrants Retroactive Reinstatement of Benefits; Employee Barred From Bringing Tort Action Against Workers’ Compensation Carrier for Delay or Denial of Treatment.
New Jersey eAuthority (February 2011).
Governor Christie Vetoes Bill to Prevent Employers from Posting Job Advertisements That Deter Unemployed Individuals from Applying for Positions; Bill to Provide Greater Indemnification Protections to Corporate Officials Awaits Approval by the Governor; Bill Would Require Employers to Provide Additional Unemployment Compensation Information to Employees Upon Their Termination; New Bills Offer Greater Protection for Whistleblowers; New York Proposes Various Leave Bills; Bill Requires Notification of the Actions of Criminals in the Workplace; Opinion Letter on Internships Issued by the New York Department of Labor; Third Circuit Upholds Random Drug Testing for Public Employees in “Safety -Sensitive” Positions; Successor Employer May Be Liable for ERISA Contributions Where It Had Prior Notice of the Liability.
New Jersey eAuthority (January 2011)
Bill Seeks to Broaden Scope of WARN Act to Include Mass Layoffs at Multiple Franchise Locations; Bill Introduced to Amend New Jersey Law Against Discrimination; Legislation Proposes Measures to Provide New Jersey’s Unemployed On-The-Job Training and to Handle Every Aspect of Their Unemployment Claims Online; Bill to Establish Standards Regarding Disqualification for Unemployment Compensation for Misconduct; Senate Panel Advances Bill Relaxing Statute of Limitations for Claims of Sexual Abuse; New York Wage Theft Prevention Act Effective April 9, 2011; New York Department of Labor Issues Required Poster for Hospitality Industry Concerning Implementation Period; Third Circuit Holds Plaintiff’s Harassment Claims Preempted by Section 301; Corporate Officers May Be Liable for Aiding or Abetting an “Employer”; Law Division Rules Holding Company May Be Liable for Aiding and Abetting Under the NJLAD; Discovery Rule May Apply to NJLAD Claim When Employee is Misled; No Bar to Private Employers Using Applicant’s Bankruptcy History in Hiring Decisions.
New Jersey eAuthority (December 2010).
Reminder Employers With 10 or More Employees Must Provide Annual CEPA Notice; Family Leave Insurance Contributions and Benefits to be Reduced; Revised Unemployment Regulations Proposed; Repeal of Prevailing Wage Laws Proposed; New York Enacts Wage Theft Prevention Act; Final New York Hospitality Industry Wage Order Issued; Will Go Into Effect January 1, 2011; New York Department of Labor Issues Proposed Apprenticeship Regulations in State Register; New Jersey Supreme Court Rejects Ledbetters Limitation on Wage Claims Under the LAD; Supreme Court Holds Employees Use of Stolen Documents in Retaliation Claim May Be Protected Activity; Court Must Examine Totality of the Evidence in Deciding Employers Fee-Shifting Application
New Jersey Supreme Court Upholds Employee's Pilfering Confidential Employer Records in Discrimination Suit.
The New Jersey Supreme Court has ruled 5-2 that an employee who engages in self-help and circumvents the pretrial discovery process by secretly copying her employers records for use in a discrimination lawsuit may be insulated from discipline and/or termination. The Courts decision in Quinlan v. Curtiss-Wright Corp., No. A-51-09 (Dec. 2, 2010), adopting a totality-of-circumstances approach, gives employees who believe they were discriminated against more legal protections than ever while making it more difficult for employers to respond to employee misconduct.
New Jersey eAuthority (November 2010)
Governor Signs Into Law Bill to Correct Abuses in Unemployment Claims Procedures; Bills Seek to Expand Training Opportunities to Certain Laid Off Employees; Bill Aims to Prohibit Practice of Excluding Unemployed Individuals in Advertisements for Job Vacancies; Resolution Introduced to Raise Minimum Wage; New York Department of Labor Issues Proposed Hospitality Wage Order; NYDOL Issues Slightly Revised Emergency Regulations Regarding Mandatory Overtime for Nurses; Failure to Promote Claim Not Covered Under Fair Pay Act; Causal Connection Not Established Where Two Years Passed Between Employees Complaint and His Termination.
New Jersey eAuthority (October 2010).
Two More Bills Introduced to Prohibit Credit Checks as a Condition of Employment; Pending Bills Would Bar Civil Liability for Providing Good Faith References for Former Employees; Bill Would Allow Employers to Require Their Employees to Speak English While Performing Job Duties; New York WARN Act Regulations Finally Adopted; Discrimination Claims Fail Where Non-Resident Cannot Demonstrate Impact Within New York; Supreme Court Refuses to Resolve Whether Adverse Action Necessary to Establish Failure to Accommodate Claim; Call Center Employees Who Received Commissions Not Based Upon Percentage of Sales Price Still Exempt from Overtime Pay; Intentional Tort Claim May Survive Even Where LAD Claim Fails.
New Jersey eAuthority (September 2010).
New York Department of Labor Clarifies Wage Deduction Rules;New York Law Attacks Misclassification of Independent Contractors in Construction Industry; New York Employees in Same-Sex Relationships Now Eligible for Same Funeral and Bereavement Leave Afforded to Heterosexual Couples; Legislation Enacted to Protect Innocent Bystanders During Strikes; Trial Court Refuses to Compel Mental Exams for LAD Plaintiffs; Disability Discrimination Claim Fails Where Employee Does Not Engage in Interactive Process; Employee Engaged to be Waiting at Job Site Entitled to Overtime Pay; Appellate Division Strikes Unconscionable Arbitration Provisions.
New Jersey eAuthority (August 2010).
New Jersey DOL Issues Proposed Rule Allowing Time Rounding; New York Department of Labor Issues Another Round of Substantially Revised WARN Regulations; Effective Date of Emergency Regulations Issues Regarding Mandatory Overtime for Nurses Extended to October 6; Unreasonable Delay in Prosecution May Warrant Dismissal of Trade Secrets Case; Immigrant Status Not Sufficient to Establish Extraordinary Circumstances Under ERISA; Pharmaceutical Sales Representatives Not Entitled to Overtime Pay Under FLSAs Administrative Exemption ; Catering Manager Statutorily Exempt from Overtime Pay Under NJ Wage & Hour Law; Isolated Incidents of Derogatory Comments Not Severe and Pervasive Under Title VII.
New Jersey eAuthority (July 2010).
Updates on New Jersey employment law.
New Jersey eAuthority (June 2010).
Additional Bills Introduced to Require NJ Employers to Use Federal E-Verify System;
Assembly Revises Civil Rape Shield Bill; Bill Introduced to Prohibit Credit Checks as a Condition of Employment; Bill to Extend COBRA Benefits to Employees of Companies That Cease to Exist; Bill Would Provide for Expedited Injunctions for Violations of NJ WARN Act; NJDOL Drafting Regulations Permitting Rounding of Hours; Jury Duty Pay Bill Proposed; Bill Introduced to Correct Abuses in Unemployment Claims Procedures; New York City Council Amends Bill to Provide Paid Sick Time in New York City; Faragher-Ellerth Defense Not Available Under New York City Human Rights Law; New York Hotel and Restaurant Employers Await New Wage and Hour Regulations;
NY WARN Act Emergency Rule Extended; Contract Nonrenewal Not Covered by NJLADs Over 70 Exception; Employer May Assign Job Duties Based Upon Proficiency in English; Validity of Class Action Waiver in Arbitration Agreement Decided by Court, Not Arbitrator.
New Jersey eAuthority (May 2010)
New Federal Law Extends Deadline for New Jersey's Unemployed Workers to Qualify for Existing Tiers of Federal Unemployment Insurance Benefits; Emergency Regulations Issued Regarding Mandatory Overtime for Nurses; Bill Affording Employees the Right to Review Personnel Files Proposed; Bill Expanding Whistle Blower Protections Advances; Side Effects of Medication May Constitute a Disability Under the ADA; Employer Must Consider Shift Change to Accommodate Disability-Related Difficulties in Getting to Work; Doctors Conduct Toward Nurse May Be Sexual Harassment; Court Rejects Effort to Impute Liability to Employer Through Staffing Assistant; Employer Subject to Liability for Discrimination Carried Out Under Contractual Agreement with Third Party.
New Jersey eAuthority.
Bill Proposes Protections for Employee Inventions; Bill to Repeal Family Leave Insurance Law;
Proposed Bills Would Limit Employers Use of Credit Checks; Multiple New Senate and House Bills Address Unauthorized Alien Issues; Abusive Workplace Bill Proposed; Court of Appeals Announces Standard for Evaluating Enforceability of Arbitration Cost-Sharing Provisions; mployer May Not Access Employees Emails to Her Attorney Sent from Her Personal Email Account Using Employers Computer; Employee Can Use Lay Testimony to Help Establish FMLA Claim; Settlement Agreement Does Not Encompass Pending Workers Compensation Claim Where Evidence Showed There Was No Intent to Include It.
New Jersey eAuthority (March 2010).
New Regulation Issued Concerning Prevailing Wage Requirements for Construction Work on Public Utilities; Proposal to Require Employment Eligibility Verification and to Sanction Hiring of Unauthorized Aliens; Bill Proposes Extension of Health Benefits Continuation Under New Jersey Mini COBRA; Bill Reintroduced to Prohibit Mandatory Employment Arbitration Agreements; Governor Reveals Proposals for Fixing Unemployment Insurance Fund; NYS DOL Issues Additional Model Notice and Acknowledgement Forms to Assist Employers when Hiring New Employees; NYS DOL Extends Emergency Regulations Concerning Overtime for Nurses; Third Circuit Holds Administrative Exemption Under FLSA Applicable to Pharmaceutical Sales Representatives; CEPA Plaintiff Not Entitled to Front and Back Pay Unless Actually or Constructively Discharged.
New Jersey eAuthority (February 2010).
New Law Allows License Suspension and Revocation for Repeat Violations of Wage, Benefits, and Tax Laws; Creates New Notice Requirements;
Medical Marijuana Law Passes; Employers Accommodation Obligations Unclear;
Employment Protection for Volunteer Emergency Responders;
Annual Adjustments in Family Leave Insurance Contribution Rates;
Autism Now Expressly Protected Under the NJLAD;
Prevailing Wage Expansion of the Scope of Maintenance-Related Projects;
Construction Contracts Must Now Include Equal Employment Opportunity and Affirmative Action Language to Receive American Recovery and Reinvestment Funds;
Governor Announces New Labor Commissioner Nominee;
Continuing Violation Theory Cannot Be Used to Sweep In an Otherwise Time-Barred Discrete Retaliatory Act Under the NJLAD;
Single Politically Incorrect Comment Insufficient to Establish Age Discrimination;
NJLADs Refusal To Do Business Provision Prohibits Conditioning Business on Submission to Sexual Advances;
No Bar on Public Interest Attorneys Simultaneously Negotiating Settlement on Merits and Attorneys Fees in NJLAD and CEPA Matters;
Sexual Harassment Settlement with Public Employer Cannot Be Kept Secret.
New Jersey eAuthority (January 2010)
Weekly Unemployment, Temporary Disability and Family Leave Insurance Benefits Increased for 2010; Reminder Employers With 10 or More Employees Must Provide Annual CEPA Notice; Prevailing Wage Senate Labor Committee Approves Bill Requiring Participation in Registered Apprenticeship Programs; Prevailing Wage Assembly Passes Bill Expanding Scope of Maintenance-Related Projects; NY WARN Act Emergency Rule Extended; New Jersey Institutes Mandatory CLE Requirements for All Licensed Attorneys, Effective Immediately; McDonnell Douglas Burden-Shifting Framework Still Applies to Federal Age Claims Despite But For Test Adopted by Supreme Court.
New Jersey eAuthority (December 2009)
Governor Signs Law Allowing Corporations Greater Flexibility to Grant Equity Awards; Proposed Law Seeks to Bar Employment Disqualification Based Upon Convictions, and to Bar Asking Applicants about Arrest Record; New Jersey Wage and Hour Regulations Amended to Allow Employers to Withhold Wages for Health Club Membership Costs or Child Care Services; Proposed Amendment to LAD Clarifies Protection of Persons with Autism; Employment Protections Proposed for Emergency Responders; Bill Proposes Adjustments to Employee Contribution Rate for Family Temporary Disability Leave Insurance; New York Department of Labor Now Allows Employers to Prepare their Own Forms to Comply with Notice and Acknowledgment of Pay Requirements; New York Commissioner of Labor Approves Changes to Wage and Hour Regulations for Hotel and Restaurant Workers; New Jersey Appellate Court Embraces U.S. Supreme Courts Ledbetter Decision; General Language in Employee Handbook Insufficient to Compel Arbitration of LAD Claim; Employee Entitled to Workers Compensation for Mental Stress Resulting from Hostile Work Environment.
New Jersey eAuthority (November 2009).
New Jersey Prohibits Sex Offenders from Working for Youth Organizations; Proposed Amendment Redefines Misconduct for Unemployment Benefit Disqualification Purposes; NYS DOL Issues Required Notice and Acknowledgement Form that New York Employers Must Use When Hiring New Employees; Nurse Coverage Plans Mandatory for Involuntary Overtime in New York; Release Valid Under OWBPA Where Plaintiff Was Given Appropriate Time to Consider It, Notwithstanding He Signed It Immediately Due to His Own Poor Financial Condition; New Jersey Supreme Court Holds Defendants Cannot Recover Fees in CEPA and LAD Cases under Offer of Judgment Rule; ADEA Claim Fails Where Employer Had Numerous Reasons to Fire Employee; Age Clearly Not the But For Factor in Termination.
New Jersey eAuthority.
New Jersey Announces Nations First RETURN-to-Work Program; 5,000+ NJ Residents Have Received Family Leave Insurance Benefits; Legislation Proposed to Provide Paid Sick Time in New York City; Appellate Division Adopts Broad Definition of Opposition Under the NJLAD; Employee May Bring FMLA Retaliation Claim Although Leave Had Not Commenced When Allegedly Unlawful Action Occurred; Plaintiffs Failure to Follow Employers Version of the Interactive Process Does Not Justify Employer Abandoning the Process.
New Jersey eAuthority (September 2009)
New York Mini-COBRA Law; Extended Health Insurance Coverage for Dependent Children Through Age 29; Litigation Hold Letters May Be Discoverable Where Companys Efforts to Preserve Evidence Are Questionable; Plaintiffs Use in Litigation of Confidential Documents Taken from Employer Does Not Constitute Protected Activity; Release Signed by Plaintiff Post-Termination Upheld as Voluntary; Under Title VII, Employers Remedial Action Is Adequate If It Is Reasonably Calculated to End the Harassment, Even If the Harassment Continues; No CEPA Claim Where Employees Interest Was Financial Gain; FMLA and NJFLA Same or Equivalent Position Requirement Analyzed; Third Circuit Addresses Standard for Evaluating Misappropriation of Confidential Information Claims.
New Jersey eAuthority.
New Jersey - Governor Corzine Signs Egan & Quijano Bill Imposing Harsher Penalties on Employers Found to Have Knowingly Violated Workers Compensation Requirements; New Jersey Minimum Wage Increase Affects New Wage Execution/Garnishment Orders; New York State Human Rights Law Amended to Allow Imposition of Civil Penalties and Fines Against Employers Found to Have Committed Discriminatory Employment Practices; New York Department of Labor Further Revises Its NY WARN Act Emergency Regulations; New Jersey - Overseas Employees May Be Eligible for New Jersey Workers Compensation Benefits;Third Circuit Refuses to Certify Class Challenging UPS No Light Duty Policy Under ADA; New Jersey - Supreme Court Holds Arbitration Agreements in Electronic Form Are Valid.
New Jersey eAuthority - July 2009
Reminder: Employees Now Eligible for New Jersey Family Leave Insurance Benefits; New Jersey Minimum Wage Increases on July 24; Employment Protection for Volunteer Emergency Responders Bill Proposed; Trade Secrets Legislation Introduced; Bill Prohibiting Sex Offenders from Working in Youth Serving Organizations Near Passage; Bill to Establish Penalties for Employers that Permit Unauthorized Aliens to Operate Motor Vehicles; New Jersey Fair Debt Collection Practices Act Would Limit Debt Collectors Ability to Contact Debtors at Work; Bill to Allow Corporate Officers to Make Equity Grants to Employees Reaches Governor; Lilly Ledbetter Fair Pay Act Extends Right to Sue Only for Discriminatory Compensation Claims; Mere Supervisory Authority Does Not Make Employee Management Level for Purposes of Title VII Liability; Attorney-Client Privilege Protects Plaintiffs E-Mails to Attorney from Her Personal E-Mail Account, Using Employers Computer; Accessing Employees Private Internet Chatroom Violates Stored Communication & Wiretap Laws; Psycho Bitch Comment Sufficient to Preclude Summary Judgment on Hostile Work Environment Claim; Accepting Voluntary Separation Plan Not Good Cause Attributable to the Work; Termination for Cause Insufficient to Deny Employee Compensation Already Earned; Employer Not Entitled to Jury Charge on Ellerth-Faragher Affirmative Defense Where Evidence Was Insufficient to Establish That Policy Existed and Plaintiffs Knew About It; Release in Severance Agreement Invalidated Under OWBPA.
New Jersey eAuthority.
Family Leave Insurance Forms Now Available from NJDOL; Bill Would Create Civil Rape Shield Law in Sexual Harassment Cases; Maximum Weeks Payable for Extended Unemployment Benefits Raised from 13 to 20 Weeks; Bill Provides Enhanced Penalties for Repeat Violators of Wage and Hour Laws; Bill Seeks to Prevent Striking Workers from Receiving Unemployment Benefits; Senate Resolution Urges Governor to Suspend Prevailing Wage Requirement During Current Economic Crisis; Bill Bars Certain Sex Offenders from Positions in Youth Serving Organizations; Supervisors May Be Individually Liable Under NJLAD for Failing to Respond to Harassment Complaints; CEPA Claim Allowed Where Employee Objected to Use of Companys Web Portals Due to Lack of Privacy Protection; FLSA Verdict Upheld Against Staples; Liquidated Damages Awarded; Ambiguity in Commission Plan Results in Additional Commissions to Former Employee; ADA Claim Dismissed Where Plaintiff Failed to Present Evidence That His Employer Perceived Him As Substantially Limited in a Major Life Activity; Court Rejects Employers Defamation Claim Based on Statements Posted on Message Board; Appellate Division Limits Immigration-Related Discovery.
New Jersey eAuthority
Reminder Regarding New Jersey Paid Family Leave; New York WARN Act Emergency Regulations Are Extended; Employer Not Liable Where Assault by Employee Not Foreseeable; Third Circuit Rejects Religious Discrimination Claim Where No Accommodation Could Be Made Without Undue Burden; Over 70 Exception to the NJLAD Does Not Extend to Renewal of Existing Employees Employment Contracts; Demographic Evidence Admissible to Defeat Age Claim; No Breach of Settlement Agreement by Employer Where Employee Agreed to Resign But Was Disciplined Pending Approval of Settlement Agreement; Plaintiff Required to Prove Existence of Reasonable Accommodation to Establish Prima Facie Case of Disability Discrimination.
New Jersey eAuthority.
Bill Seeks to Prohibit Credit History Discrimination; Paid Family Leave Regulations Are Adopted;
Bill Would Require IT Professionals to Report Discovery of Child Porn; New Law Limits Police Officers and Firefighters Unpaid Suspensions Pending Discipline; Bill Seeks to Prevent Striking Workers from Receiving Unemployment Benefits; Bill Would Impose Criminal Penalties for Workers Compensation Infractions; Employee Waived Attorney-Client Privilege by Sending E-Mails on Company Computer; District Court Questions Aiding and Abetting Liability for Non-Supervisory Employees Under NJLAD; Sanctions Imposed on Employee Who Destroyed Evidence; No Violation by Prospective Employer Who Withdrew Employment Offer; Failure to Accommodate Claim Permitted Where Employer Did Not Consider Reassignment to Vacant Position; Retail Establishment Not Entitled to Trucking Industry Exemption Under New Jersey Wage and Hour Law for Employees Operating From Service and Distribution Centers.
New Jersey eAuthority.
Bill to Prohibit Credit History Discrimination Introduced; Bill to Create a New Jersey Senior Labor Task Force to Address the Needs of Older Workers Passed by the Senate Labor Committee; Family Leave Tax Does Not Apply to Pension Payments; New Emergency NY WARN Act Regulations Published; Southern District Rules Faragher-Ellerth Defense Not Available in Harassment Case Brought under New York City Human Rights Law, but Certifies Issue to Second Circuit; Sales Managers Win $2.5 Million Jury Verdict Against Staples, Inc. in FLSA Lawsuit;
New Jersey Supreme Court Overturns Criminal Conviction Based Upon Display of Union Rat, Ruling Ordinance Violated Free Speech.
Employees Discrimination Claims Barred Where Employee Makes Contrary Statements to Social Security Administration
Absences Do Not Amount to Misconduct Within Meaning of Unemployment Compensation Statute Where Conduct Not Willful, Deliberate or Intentional
Federal Court Certifies Class in Race Bias Suit Based Upon Residence Requirement
Another Assembly Bill Prohibiting Employment of Unauthorized Aliens Introduced.
On January 26, 2009, the New Jersey Jobs Protection Act (A3675) was introduced and referred to the Assembly Labor Committee. The proposed legislation seeks to punish any New Jersey employer that intentionally or knowingly employs an unauthorized alien. This bill is similar in several regards to a bill (A3289) introduced last October, and discussed in the November 2008 issue of the New Jersey eAuthority.
Proposed Bill Places Requirements on In-House Security Officers.
On January 13, 2009, the Security Officer Registration Act (SORA) (S2477) was introduced, which would require any person who is employed as an in-house security officer to register with the Superintendant of State Police and to complete an education and training program.
Bill to Prevent Workplace Bullying Referred to the Assembly Labor Committee.
On January 9, 2009, the Healthy Workplace Act (A1551), which would make unlawful workplace bullying, abuse and harassment unrelated to any category that is protected by existing law, was reintroduced and referred to the Assembly Labor Committee for review.
Bill Introduced to Deny State Contracts and Grants to Employers That Outsource Jobs to Foreign Countries.
On December 8, 2008, a bill (A3516) was introduced that provides that any business entity that eliminates jobs performed by its employees in the United States and causes the functions performed by those employees to be outsourced to workers in any foreign nation will be ineligible to perform any state contract or receive any state grant.
Governor Signs Business Grant Bill.
On December 9, 2008, Governor Jon Corzine signed into law bill S6, the InvestNJ Business Grant Program Act. This law provides for both capital investment grants, and grants for certain new hires.
Court Rules That Arbitrator Exceeded His Authority by Ordering Promotion of One Police Officer Over Another.
After the Borough of Glassboro promoted officer William Highley over officer Peter Amico, the union filed a grievance on behalf of Amico on the basis that the boroughs decision violated the promotional procedure set forth in the collective bargaining agreement, and that the decision violated state law by making residency in the borough a factor.
Facilitation of Interest Arbitration Between Public Employers and Police/Fire Departments.
By a vote of 47-31, the Assembly passed a bill (A2243) designed to facilitate the timely resolution of contract disputes between public employers and their police and fire unions by establishing statutory timeframes for certain phases of the interest arbitration process. Presently, no time restrictions exists for mediation and fact-finding stages of police and fire interest arbitration. If signed into law, A2243 would establish a 60-day limit for each stage. In addition, under the new bill, if the parties proceed to interest arbitration the arbitrator must render a decision within 120 days, unless the parties mutually request an extension of up to 90 days.
Training Wage Bill Proposed.
A bill (A3429) to establish a training wage was introduced on November 13, 2008. If signed into law, this bill would permit employers to pay a training wage of not less than 85% (of the state minimum wage) to individuals above the age of 15 and below the age of 21 years of age, provided they are enrolled in an established on-the-job or other training program. The training wage cannot last for more than 90 days, and no employee can earn the training wage for more than two employers during any one-year period. Also, employers cannot utilize an employee paid the training wage to replace a current or laid off employee.
Bill to Prevent Workplace Bullying Reviewed by Assembly.
On November 13, the Assembly Labor Committee met on a proposed bill (A1551), the Healthy Workplace Act, that would aim to combat workplace bullying, abuse and harassment unrelated to any category protected by law. If passed, this bill could open the floodgates to claims by employees who feel they were picked on, harassed, or otherwise undermined by co-workers, without regard to the reason.
Several Key Bills Pending Before Assembly and Senate Concerning Criminal Background Checks for Employment Purposes.
This month, several key bills concerning criminal background checks for employees and applicants were introduced or modified. One bill (A3227) introduced on October 6, 2008 would require criminal background checks for owners and employees of businesses providing services that require entry into a persons home (e.g., maids, electricians, furniture delivery persons, etc.). The criminal background check, which would be conducted by the Director of Consumer Affairs in the Department of Law and Public Safety, would certify that owners and employees of such home service enterprises have not been convicted of certain types of dangerous crimes. The Director also would be required to consider whether any disqualified individual has been successfully rehabilitated such that the prohibition on home-service employment would be waived. Home-service businesses would be responsible for an annual registration fee to defray the cost of the background checks.
New Jersey eAuthority (pdf).
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.
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.
Supreme Court Declines, For Now, To Recognize Common-Law "Prima Facie Tort" Claim.
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".
New Jersey Supreme Court Committee Recommends Mandatory CLE for All NJ Attorneys, Including In-House Counsel.
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).
Bill Introduced to Speed Up Contract Negotiations Between Public Employers and Police and Fire Unions.
A bill (A2243) recently was introduced to accelerate the process for resolving contract negotiations between public employers and police and fire unions.
Assembly Bill Introduced to Allow Corporate Officers to Make Equity Grants to Employees.
An Assembly bill (A2885) introduced on June 5 would give greater flexibility to corporations in granting equity awards to employees.
Bill to Bar Confidential Settlements by Public Entities Introduced.
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.
Plant Closing Relief Bills Introduced.
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.
Governor Corzine Signs Bill to Prevent July Tax Increase to Employers.
On June 19, Governor Jon Corzine signed S1698 into law authorizing a supplemental appropriation of $260 million from the States 2008 budget surplus to prevent a scheduled July tax increase on employers due to the depletion of State unemployment compensation funds.
Proposed Jobs, Trade And Democracy Act Advances To Possible Floor Vote.
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.
Bill Introduced To Create Committee To Study Issues Concerning Senior Citizen Employees.
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 States (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.
Proposed Legislation Would Bar Confidential Settlements In Public Sector Cases.
Senate bill S1262, which would prohibit public entities and public employees from entering into confidential court settlements of claims.
English Only Bill Filed In Assembly.
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.
New Jersey Baby WARN Act Threatens Adult-sized Penalties
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
Jerseys version of the federal
WARN Act, and resembles
federal law in many respects.
Refusal to Pay Sales Commission to Former Employee Upheld.
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.
Company's Public Refutation of Plaintiff's Claims Not Actionable.
Plaintiff alleged that he was unlawfully terminated after complaining that his employer had been making improper payments to foreign officials.
The New Jersey Military Leave Law Expanded.
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.
Planning a Cutback? New Jersey Employers Must Use Caution.
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).
New Jersey Enacts Punitive Plant Closing Notification Law.
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.
NJ Senate Sends Plant Closing Bill To Governor (pdf).
The bill would require WARN-type notice to New Jersey closings.
New Jersey Supreme Court Rules On Rights Of Members Of Same-Sex Couples (pdf).
New Jersey Alert - New Jersey Supreme Court Rules On Rights Of Members Of Same-Sex Couples.
