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New Jersey eAuthority (July 18, 2014)

New Jersey Ban the Box Bill Revised Again, Advances to Governor Christie; New Jersey Senate Bill Would Prohibit Automatic Disqualification of Applicants Based on Criminal Record; Bill Prohibiting Discrimination Against Unemployed Applicants Reaches New Jersey Governor’s Desk; New Jersey Bill Seeks to Expand Overtime and Minimum Wage Exemption to Private Summer Camp Employees; Reminder: Newark Sick Leave Ordinance Now In Effect; New Jersey Supreme Court Upholds Termination of Whistleblowing RN, Confirming Narrow Reading of CEPA; Statute of Limitations Waiver in Employment Application Enforceable Against ESL Immigrant, New Jersey Appellate Division Holds; New Jersey Appellate Division Holds That the NJLAD Prohibits Discrimination Against Employees in the Process of Being Divorced; Nurse Fired for Refusing Flu Vaccine for Secular Reasons Entitled to Unemployment, New Jersey Appellate Division Holds; A Private Claim Under the New Jersey Civil Rights Act Requires the Presence of State Action, New Jersey Supreme Court Holds; Employer’s Refusal to Rescind a Resignation Does Not Amount to Unlawful Retaliation, District Court of New Jersey Holds.

Employee May Contract to Shorter Limitations Period for Discrimination Suits, New Jersey Court Holds

An employee may contract with his employer for a limitations period for filing discrimination lawsuits shorter than that which is prescribed by the New Jersey Law Against Discrimination (“LAD”) (i.e., less than the statutory two years), the New Jersey Appellate Division has held. Rodriguez v. Raymours Furniture Company, Inc., Case No. A-4329-12T3, 2014 N.J. Super. LEXIS 88 (App. Div. June 19, 2014).

Newark, New Jersey Provides Guidance on Paid Sick Leave Ordinance

The City of Newark has released new guidance and “Frequently Asked Questions” to assist employers with compliance with the new paid sick leave time ordinance, which became effective on June 21, 2014.

Newark, New Jersey Sick Leave Poster Now Available— Employers Must Act by June 21

On June 21, 2014, the Newark, New Jersey Sick Leave Ordinance (which we previously discussed in the March 2014 issue of the New Jersey eAuthority) will become effective. Beyond the primary requirements of the ordinance (i.e., 24 to 40 hours of paid sick leave to most Newark employees, described in greater detail here), the ordinance also contains notice and posting obligations: employers must notify employees of their rights and obligations under the ordinance by (1) providing individual written notice to each employee (at commencement of employment, or as soon as possible for current employees), and (2) posting notice of such rights in a conspicuous location around the workplace.

Nurse's Vaccination Refusal on Secular Grounds Not Misconduct, New Jersey Court Rules

Hospitals that require caregivers to be immunized against influenza are often sued to force them to exempt employees with religious objections from getting the shots, but last week a New Jersey court turned the argument for religious exemption on its head when it ruled in favor of a nurse whose objections to vaccination were purely secular.

New Jersey Bill Expanding Prohibition on Discrimination Against Unemployed Advances In State Legislature

Executive Summary: A bill which would expand existing laws to prohibit discrimination against the unemployed is progressing in the New Jersey state legislature, having been approved by the Senate and reported favorably out of the Assembly Labor Committee as amended. Existing law makes it unlawful to state in a job posting that current employment is required for hire. The bill would expand this law to expressly prohibit discrimination against the unemployed in decisions related to hiring, compensation, and terms, conditions or privileges of employment, but would not create a private right of action for aggrieved applicants.

New Jersey eAuthority (March 26, 2014)

Newark, New Jersey Mayor Signs Sick Leave Ordinance Into Law; New Jersey Legislators to Withhold Payment From State Vendors That Owe Unemployment Contributions ; New Bill Would Suspend Interest Payments on Mortgages for Employees Aggrieved by Violations of the New Jersey WARN Act; New Jersey’s Version of “Ban the Box” Bill Reintroduced to Senate; Bill Introduced to Assist Unemployed Job Applicants in New Jersey; New Jersey Bill Seeks to Increase Minimum Wage for Tipped Employees; Bill Protects Employees Impacted by Emergency Weather Conditions; Removal From Key Account and Placement on Performance Improvement Plan Not “Adverse Employment Actions,” New Jersey District Court Holds; Employer’s Handbook Disclaimer Renders Agreement to Arbitrate Unenforceable, New Jersey District Court Holds ;

New Jersey Supreme Court to Decide Whether ‘Watchdog’ Whistleblower Can Claim Retaliatory Discharge

The New Jersey Supreme Court will review a terminated company executive’s whistleblower claim to determine whether in allegedly raising concerns about the safety and efficacy of his employer’s products, he would be protected from firing by the state’s Conscientious Employee Protection Act (“CEPA”), even though voicing such concerns was part of his job. Lippman v. Ethicon Inc. et al., No. A-65/66-13 (certification granted Mar. 14, 2014).

New Jersey High Court to Decide Whether Employee Theft of Confidential Documents May Be Exempt from Prosecution

The Supreme Court of New Jersey has agreed to decide whether employees who steal confidential documents from their employers to support whistleblower lawsuits are entitled to exemption from criminal charges stemming from the theft. State v. Saavedra, No. A-68-13 (certification granted Mar. 14, 2014).

Newark Follows Jersey City to Enact Paid Sick Time Law

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.