New Jersey eAuthority (May 2012)
New Jersey Seeks to Bar Employers From Requiring Social Networking Info; New Jersey Adopts “Employment First” Initiative; “Perceived As” Discrimination Claims Now Extend to All Protected Categories Under New Jersey LAD; Attorney-Assisted Gripes About Commission Reduction Not Protected By New Jersey CEPA; Plaintiff Bears the Burden of Establishing Mitigation of Front Pay Damages under New Jersey LAD; New York Employee Denied Equal Paternity Leave May Pursue Gender Discrimination Claim under Title VII; Sexual Orientation Protected Through Retaliation In New York; New York Seeks to Bar Employers from Requesting Social Media Log-in Names or Passwords; New York Assembly Attempts to Fix Gender Pay Discrepancies; New York Assembly Approves Bill to Increase Minimum Wage for Public and Private Employees.
Appeals Court Expands New Jersey Law Against Discrimination
A recent decision by New Jersey's Appellate Court substantially broadens the scope of the state's Law Against Discrimination (LAD) to permit any employee who is subjected to any discriminatory comments, even if the comments do not relate to that individual's actual protected characteristics, to assert a hostile work environment claim.
New Jersey eAuthority (April 2012)
Bill Seeks to More Than Double the Minimum Wage for Tipped Workers by July 2013; “Save New Jersey Call Center Jobs Act†Passes in the Assembly; Four Bills Seeking to Combat Gender Wage Gap Blaze Through the Assembly; Another Bill Would Prohibit Employers from Credit Screening Potential Hires; Another Bill Would Provide for School and Medical Family Leave; Third Circuit Disallows Cost Shifting of the Majority of ESI Expenses; Third Circuit Upholds Arbitration Agreement in Meal Break Class Action; Appellate Division Affirms Dismissal of Suit Because Employer Responded to Most of the Employee’s Multiple Requests For Accommodation; Appellate Division Finds Single Anti-Semitic Email Insufficient to Create Hostile Work Environment.
New Jersey’s Corporation Business Tax Held Applicable to Foreign Corporations With a
Employee Handbook Provision Not Enough for Enforceable Confidentiality Agreement
A New Jersey district court recently held that an employee handbook provision could not be enforced as a valid confidentiality agreement between a company and a former employee. Metropolitan Foods, Inc. d/b/a Driscoll Foods v. Kelsch [pdf] involved a former employee of Driscoll Foods (Kelsch), who was accused of soliciting orders for his new employer while still working for Driscoll. Driscoll sued Kelsch under a number of causes of action, including breach of contract.
New Jersey Court Finds Restrictive Covenants May Be Enforced Even After Employee Terminated
In a recent trade secrets case, Stryker v. Hi-Temp Specialty Metals, Inc. [pdf], a federal court in New Jersey made clear that the involuntary termination of an employee does not preclude enforcement of reasonable post-employment restrictions.
New Jersey Restores Its Exemption for Commissioned Sales Employees
As we reported earlier, the New Jersey Department of Labor and Workforce Development (DLWD)amended its wage and hour regulations in September 2011 to eliminate inconsistencies between state and federal overtime law. In so doing, the DLWD inadvertently omitted the exemption for commissioned sales employees, commonly referred to as the “inside sales†exemption, from the amendment. The DLWD’s mistake, which it acknowledged was inadvertent, potentially put employers at risk for misclassification lawsuits.
New Jersey eAuthority (March 2012)
Governor Vetos “Marriage Equality and Religious Exemption Actâ€;
Twin Bills Would Require Use of E-Verify Program for New Hires and Stiff Penalties for Employment of Unauthorized Workers; School Necessities Leave Bill Proposed; Proposal to Expand NJLAD to Cover Pregnancy, Child Birth and Breastfeeding; Proposal to Expand CEPA Protections to Those Who Object to Government Waste, Abuse of Authority or Gross Mismanagement; Paid Jury Duty Leave Proposed Once Again; New Jersey Minimum Wage Bill Advances; Inside Sales Exemption Formally Restore; Two Pending Bills Would Afford New York Employees the Right to Review Their Personnel File; Senate Passes Bill to Eliminate Annual Notice Requirements of Wage Theft Prevention Act; Incarcerated Employee Ineligible to Receive Unemployment Benefits; Availability of Attorneys’ Fees Enhancements Under the NJLAD Reaffirmed.
Pennsylvania Federal Court Nixes Computer Statute Claims
A recent decision from the Eastern District of Pennsylvania demonstrates that, despite allegations of employee wrongdoing and trade secret misappropriation, the facts may not support claims under some statutory computer offense laws. Even the New Jersey Computer Related Offenses Act (NJCROA), which is broader than the federal Computer Fraud and Abuse Act (CFAA), requires specific elements to support a claim. Thus, what many consider a run-of-the-mill misappropriation case will not necessarily lead to a NJCROA claim.
New Jersey Legislature Considering Increase to State Minimum Wage Rate
Executive Summary: A bill has been proposed in the New Jersey Legislature that would increase the state minimum wage to $8.50 per hour beginning on July 1, 2012.
New Jersey eAuthority (February 2012)
New Jersey Trade Secrets Act Effective January 9, 2012
Re-Introduced Bill Proposes Numerous Significant Changes to the Law Against Discrimination
NJDOL Makes Available One-Page Poster and Notice for Use by Employers
Maximum Weekly Benefits for Unemployment, Temporary Disability and Family Leave Insurance, and Workers’ Compensation Increased for 2012
Bills Introduced to Increase Minimum Wage to $8.50 Effective July 1, 2012
Bills Introduced to Limit Employers’ Ability to Require Applicants to Disclose Prior Criminal Convictions
Bills Introduced to Prohibit Employers from Requiring Applicants to Undergo a Credit Check as a Condition of Employment
Bill Introduced to Exclude Illegal Aliens from Workers’ Compensation and Temporary Disability Benefits Coverage
Bill Introduced to Require Contractors and Subcontractors Engaged in a Public Works Contract Subject to Prevailing Wage Requirements to Provide More Specific Wage Information
Bill Introduced to Spare Repayment of Unemployment Benefit Overpayments Obtained Innocently But Erroneously
Bill Introduced to Allow Employers to Require Payment by Direct Deposit
NYDOL Publishes FAQs on Numerous Wage and Hour Topics, Including Wage Deductions and Overtime Rules
Third Circuit Confirms Individual Supervisor Liability Under the FMLA for Both Public and Private Employers
Attorney-Client Privilege Does Not Attach to Employee’s Emails Sent Through Company Email System on Work Computer
Starbucks District Manager Was Carrying Out Her Job Duties and Therefore Was Not a Whistleblower Protected by CEPA When She Reported Workplace Misconduct
Employer May Be Liable for Failure to Provide FMLA Notice
LAD Does Not Protect Against Adverse Actions Taken on Basis of Familial Status
Unsuccessful Romantic Overtures Insufficient to Establish Hostile Work Environment or
