Bill in New Jersey Legislature Would Invalidate Restrictive Covenants
A bill that would “invalidate” non-compete, non-disclosure, and non-solicitation agreements entered into between an employer and its former employee, if the former employee is eligible for unemployment benefits following the cessation of his or her employment, has been introduced in the New Jersey State Assembly. Assembly Bill 3970 would apply only to agreements entered into after the legislation was enacted.
New Jersey Governor Vetoes Bill to Expand Public Labor Agreements
New Jersey Governor Chris Christie has vetoed legislation that would have expanded the definition of projects requiring greater use of Project Labor Agreements (PLAs) for New Jersey’s public works. Governor Christie cited the detrimental effect the bill (S2425) could have on the continued Hurricane Sandy repair efforts in issuing his absolute veto.
Legal Alert: New Jersey Bill Would Limit Enforceability of Post-Employment Covenants
Executive Summary: New Jersey legislators have proposed making a variety of post-employment restrictive covenants unenforceable where the employee is eligible for unemployment benefits. Many high-level sales employees and employees with specialized technical knowledge are subject to such restrictions, which range from limiting competition with a former employer to prohibiting disclosure of trade secrets and confidential information learned during employment.
New Jersey eAuthority (March 2013)
Broad Social Media Privacy Bill Reaches New Jersey Governor’s Desk
New Jersey DOL Proposes Rule to Require Unemployment Applicants to Register for Work and Engage in Other Work Search Related Activities
New Jersey DOL Clarifies Overtime Exemption for Employees of Common Carriers of Passengers by Motor Bus
The “New Jobs for New Jersey Act” Passes in Both the Senate and the Assembly
FMLA Policy in Handbook Does Not Satisfy Individualized Notice Requirements of FMLA, New Jersey District Court Holds
New Jersey Poised to Enact the Most Aggressive Social Media Password Protection Law to Date, Adding to a Patchwork of Conflicting Laws Across the U.S.
New Jersey is expected to shortly join California, Illinois, Maryland, Michigan, and Utah in prohibiting employers from seeking employee or applicant passwords to social media accounts or services.
"Ban the Box" Bill Introduced in New Jersey Senate
A bill was recently introduced in the New Jersey Senate that would significantly restrict an employer’s ability to ask about and consider a current or future employee’s criminal history in the employment process. Bill No. S.2586, also known as the Opportunity to Compete Act (OCA) or “Ban the Box” bill, would prohibit private and public New Jersey employers from directly or indirectly inquiring about a candidate’s criminal history until after a “conditional offer of employment” has been made.
New Jersey Lawmakers Introduce Their Version of ‘Ban the Box’
The “Opportunity to Compete Act,” a New Jersey Senate bill (S.2586), seeks to establish “certain employment rights for persons with criminal histories.” Citing the dramatic increase in employers’ use of criminal background checks, the bill declares that employment barriers based upon criminal backgrounds has a disproportionate effect on racial and ethnic minorities.
New Jersey Governor Vetoes Minimum Wage Increase, Legislature Puts Issue on November Ballot
New Jersey’s Governor Chris Christie has vetoed legislation passed by the New Jersey Senate and Assembly (S3/A2162) that would have raised the state’s minimum wage from $7.25 an hour to $8.50 an hour and based future increases on the consumer price index (CPI). While issuing his conditional veto on January 28, 2013, Governor Christie proposed a $1-an-hour raise in the minimum wage that would be phased in with a 25-cent increase this year, a 50-cent increase in 2014, and another 25-cent increase in 2015. He also proposed a 25-percent increase to the state’s Earned Income Tax Credit, which would be implemented fully in taxable year 2014. The Governor’s office stated that the EITC increase would provide a $550 benefit for struggling working families.
Legal Alert: New Jersey Governor Conditionally Vetoes Minimum Wage Increase
Executive Summary: New Jersey Governor Chris Christie has conditionally vetoed a $1.25 minimum wage hike, instead proposing a $1.00 increase that will phase in over three years.
Court Finds Common Law Causes of Action Not Preempted by New Jersey Trade Secrets Act
In January 2012, New Jersey enacted its version of the Uniform Trade Secrets Act (UTSA). On December 7, 2012, in SCS Healthcare Marketing, LLC v. Allergan USA, Inc., a New Jersey Superior Court recognized that the New Jersey Trade Secrets Act (NJTSA) modifies the Uniform Trade Secrets Act to preserve New Jersey’s non-conflicting common law relating to trade secrets.