New Jersey Trade Secrets Act Signed Into Law
On January 9, 2012, New Jersey Governor Chris Christie signed into law the New Jersey Trade Secrets Act, which establishes principles governing protection of trade secrets and remedies for their misappropriation. In doing so, New Jersey has joined the mainstream in the trade secrets arena: New York, North Carolina, Massachusetts, and Texas are the only remaining states without a statute modeled on the Uniform Trade Secrets Act. While the New Jersey Trade Secrets Act introduces a statutory framework governing trade secret protection, in many respects it does no more than codify existing case law. The Act became effective on January 9, 2012.
New Jersey Adopts Trade Secret Law
Joining the vast majority of jurisdictions in the country, New Jersey has enacted a law to protect trade secrets. The New Jersey Trade Secrets Act (“NJTSA”), signed by Governor Chris Christie on January 9, 2012, is a version of the Uniform Trade Secrets Act (“UTSA”). A total of 47 states have now adopted some variation of the UTSA. The new law is effective immediately. The full text of the NJTSA can be found at: http://www.njleg.state.nj.us/2010/Bills/S2500/2456_R1.HTM.
New Jersey Governor Signs Trade Secret Statute Into Law
Following the lead of 46 other states and the District of Columbia, New Jersey Governor Chris Christie has signed into law a trade secret statute modeled after the Uniform Trade Secrets Act. The statute provides owners of trade secrets with a civil claim for trade secret misappropriation, and several important remedies. It also specifies certain defenses that may not be asserted by trade secret defendants and sets forth procedures to be followed by courts in trade secret litigation.
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 Jersey Appellate Court Defers to State Wage and Hour Division's Longstanding Interpretation of Exemption
On November 16, 2011, the New Jersey Appellate Division affirmed a finding that registered nurses who were paid on an hourly basis were exempt from the overtime requirements of the New Jersey Wage and Hour Law (“NJWHL”), even though the regulation applicable at the time only extended the “professional” exemption to employees compensated on a “salary or fee basis.”
New Jersey Issues Proposed Regulations to Restore Its Exemption for Commissioned Sales Employees
In an ASAP published on October 17th, Littler reported that, in recent amendments to its overtime regulations, New Jersey had inadvertently eliminated the exemption for sales employees paid on commission, which closely tracked an exemption in Section 7(i) of the Fair Labor Standards Act (sometimes known as the "inside sales" exemption).
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.
