Littler Mendelson, P.C. • March 05, 2014
On January 29, 2014, the Mayor of Newark, New Jersey signed into law an ordinance that requires private employers to provide paid sick time to employees. With this new law, Newark joins Jersey City, which enacted an ordinance mandating paid sick leave for private sector employees in September of last year.1 There are key distinctions between Newark’s ordinance and Jersey City’s ordinance. Notably, Newark’s ordinance requires paid sick time and does not provide the option of unpaid sick time; collective bargaining agreements may expressly waive the provisions set forth in the ordinance; and individuals who work for small employers (with fewer than 10 employees) are capped at 24 hours of paid sick time per calendar year.
Jackson Lewis P.C. • February 27, 2014
The City of Newark has passed a “paid sick leave” ordinance mandating that all private employers in the City provide employees with paid sick time. Newark joins Jersey City as the only cities in New Jersey to enact such legislation and the eighth city nationwide to do so.
Ogletree Deakins • February 20, 2014
In State v. Saavedra, 2013 WL 6763248 (App. Div. Dec. 24, 2013), a public sector employee learned that he could be indicted for criminal theft for taking his employer’s highly confidential, original documents, even if his actions would have been protected in a civil suit under Quinlan v. Curtiss-Wright Corp., No. 204 N.J. 239 (2010).
Littler Mendelson, P.C. • February 10, 2014
On January 21, 2014, New Jersey Governor Chris Christie signed the Pregnant Worker’s Fairness Act (PWFA) after nearly unanimous support in the State Assembly and Senate. The PWFA, which took effect immediately, applies to all New Jersey employers and amends the New Jersey Law Against Discrimination (LAD) to include pregnancy as a protected category. In addition to prohibiting discrimination on the basis of pregnancy, the PWFA requires an employer to provide reasonable accommodations to pregnant employees who request accommodation upon the advice of their physician unless undue hardship on the business operations of the employer would result.
FordHarrison LLP • February 10, 2014
Executive Summary: Following Jersey City's lead, New Jersey's largest city is poised to enact an ordinance that would require employers to provide up to 40 hours per year of paid sick time to Newark employees.
Jackson Lewis P.C. • February 04, 2014
A new New Jersey law prohibits pregnancy discrimination in the workplace and requires employers to provide pregnant employees with reasonable, pregnancy-related accommodations, upon request, absent a showing of undue hardship. California and Maryland are other states that have extended their accommodation requirements to pregnant workers. The New Jersey law, signed by New Jersey Governor Chris Christie on January 21, 2014, is effective immediately. The law amends the New Jersey Law Against Discrimination, N.J.S.A. 10:5-12, which now protects 17 characteristics from discrimination.
FordHarrison LLP • January 31, 2014
Executive Summary: The New Jersey Department of Labor and Workforce Development has issued the final form for required gender equity posters and notices. Effective January 2014, New Jersey employers with 50 or more employees must conspicuously post a notice informing employees of their right to be free of gender inequity or bias in pay, compensation, benefits or other terms or conditions of employment.
Jackson Lewis P.C. • January 30, 2014
An employee who removes or copies her employer’s documents for use in her whistleblower or discrimination case may be prosecuted criminally for stealing, a New Jersey state court has ruled. State v. Saavedra, No. A-1449-12T4 (App. Div. Dec. 24, 2013). The employee had taken highly confidential original documents owned by her employer, contending that she did so to support her employment discrimination suit. The Court’s decision could have serious implications on whistleblower claims in the state.
Littler Mendelson, P.C. • January 16, 2014
In 2010, the New Jersey Supreme Court created a qualified privilege for an employee taking documents to support an employment discrimination suit.1 However, this past December, in State of New Jersey v. Ivonne Saavedra,2 the Superior Court of New Jersey, Appellate Division, ruled that the qualified privilege should not be applied to protect a criminal defendant from a grand jury indictment for “official misconduct” for having taken those documents to support a retaliatory discharge claim.
Jackson Lewis P.C. • January 15, 2014
A New Jersey appeals court has upheld a state law banning employers from stating in job advertisements that applicants “must be currently employed,” ruling the law does not infringe upon the constitutional right to “free speech.” New Jersey Dep’t of Labor and Workforce Dev. v. Crest Ultrasonics et al., No. A-0417-12T4 (N.J. App. Div. Jan. 7, 2014).