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New Jersey Appeals Court Reaffirms that Obesity is Not Protected Under NJLAD

Executive Summary: On April 4, 2019, the Appellate Division of New Jersey Superior Court reaffirmed that obesity, standing alone, is not a protected characteristic under the New Jersey Law Against Discrimination (LAD), affirming summary judgment for a bus company employer in Dickson v. Community Bus Lines (N.J. Super. Ct. App. Div. 2019).

New Jersey Requires Employers to Offer Employees Pre-tax Commuter Benefits

Last month, New Jersey Governor Phil Murphy signed S.1567 into law, making the Garden State the first state to mandate a commuter benefit law, joining cities such as New York and San Francisco that have similar laws.

New Jersey Bars Mandatory Arbitration, Limits Nondisclosure Agreements

New Jersey Gov. Phil Murphy has signed a broad law prohibiting mandatory arbitration of all employment discrimination, harassment and retaliation claims. Effective immediately, the new law also significantly restricts employers from using nondisclosure agreements as part of a settlement.

New Jersey Poised to Enact First Recreational Marijuana Law Protecting Workers from Adverse Employment Action

New Jersey’s legislature is scheduled to vote Monday, March 25, 2019 on a bill designed to legalize the recreational use of marijuana for adults over the age of 21, create a system by which marijuana and marijuana products will be taxed and sold, and expunge prior convictions for possession or distribution of cannabis products under state law.

New Jersey Bars Common Workplace Contract And Settlement Terms

Employers in New Jersey will need to immediately adjust their employment contracts and settlement agreements to come into compliance with a sweeping new law that just took effect. New Jersey’s governor just signed Senate Bill 121, which limits employment contracts and settlement agreements in two major ways:

New Jersey Prohibits Enforcement of Non-Disclosure Provisions in Settlement Agreements, Other Contracts

A sweeping amendment to the New Jersey Law Against Discrimination (LAD) bars enforcement of non-disclosure provisions in settlement agreements and employment contracts, and prohibits the waiver of substantive and procedural rights under the statute. The amendment applies to all contracts and agreements entered into, renewed, modified, or amended on or after the effective date, March 18, 2019.

New Jersey Enacts Bill Banning NDAs for Discrimination, Retaliation, and Harassment Claims . . . and Fundamentally Attacking Arbitration Agreements

As expected, on March 18, 2019, Governor Murphy added New Jersey to the growing list of states that have chosen to legislate significant contractual limitations upon an employer’s right to enter into certain nondisclosure agreements (NDAs). In addition, Governor Murphy’s recent signing of S. 121 (“the Act”), now places the Garden State in the shark pool attacking the permissibility of alternative dispute resolution proceedings (i.e., mandatory arbitration agreements) related to discrimination, retaliation, and/or harassment claims.

New Jersey Governor Signs Controversial Bill Banning Mandatory Nondisclosure Clauses in Employment Contracts and Settlement Agreements

In response to the #MeToo movement, New Jersey Governor Phil Murphy signed a controversial bill on March 18, 2019 banning mandatory nondisclosure clauses in employment contracts and settlement agreements involving workplace discrimination, retaliation, and harassment claims.

New Jersey's Response to #MeToo: New Law Voids Non-Disclosure Agreements and Questions Future of Employee Arbitration Agreements

Executive Summary: Effective immediately, an amendment to New Jersey’s Law Against Discrimination (“LAD”) signed into law on March 18, 2019, invalidates any provision of an employment agreement which “waives any substantive or procedural right or remedy” under the State’s broad anti-discrimination laws. The amendment also invalidates confidentiality and non-disclosure provisions in any employment contract or settlement agreement.

New Jersey Labor Department Revises Equal Pay Act Data Reporting Requirements

The New Jersey Department of Labor (NJDOL) has revised the state equal pay law’s reporting requirements for employers that provide qualifying services or perform public works (e.g., construction, demolition, repairs, and so on) to New Jersey and its agencies to clarify which employees must be included in the annual reporting.