Articles About New Jersey Labor And Employment Law.

On October 5, 2021, Governor Phil Murphy signed into law amendments to the New Jersey Law Against Discrimination (NJLAD) that significantly expand causes of action available to older workers. While NJLAD has always prohibited age-based discrimination in employment, the new amendments create a new private right of action for forced retirement claims and eliminates a safe harbor provision which limited damages and gave small businesses more flexibility to manage their workforces.

On September 24, 2021, New Jersey Gov. Phil Murphy signed into law a bill that amends New Jersey’s Workers’ Compensation Act to require employers with 50 or more employees to provide hiring preferences to employees, following a work-related injury, who have reached maximum medical improvement but are unable to return to the position at which the employee was previously employed.

As we previously reported, on February 22, 2021, Governor Phil Murphy signed into law the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), which, among other things, legalized the recreational use of marijuana in New Jersey for adults age 21 and older. In addition, CREAMMA imposed on

On August 19, 2021, the New Jersey Cannabis Regulatory Commission (the Commission) issued long-awaited initial rules implementing the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (the Act), which Governor Murphy signed on February 22, 2021.  The Act legalizes the use of recreational marijuana for adults over

The New Jersey Cannabis Regulatory Commission (the “Commission”) published the first set of rules and regulations on August 19, 2021 governing recreational cannabis use in New Jersey (“Personal-Use Cannabis Rules”) under the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”).  Those regulations do not include standards for employers to

As we previously discussed here, New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) contains several protections for New Jersey employees who use recreational cannabis, while also reserving for employers the right to drug test under certain conditions. The most controversial twist in CREAMMA is that drug tests of employees and applicants must be accompanied by a “physical examination” conducted by a person who has been certified to recognize drug impairment. The New Jersey Cannabis Regulatory Commission (the “Commission”) was tasked with establishing a Workplace Impairment Recognition Expert (“WIRE”) certification program to train and certify persons to conduct these “physical evaluations” on behalf of employers. The Commission has until August 21, 2021 to implement CREAMMA regulations.

Governor Murphy issued Executive Order 252, requiring employers in covered healthcare and other high risk congregate settings, including hospitals, correctional facilities and certain long-term care facilities, to establish a policy that, among other things, mandates vaccinations or weekly testing for “covered workers.”

By September 7, 2021, “covered setting” employers must

New Jersey is requiring employers in covered healthcare and high-risk congregate settings (“covered settings”) to establish a policy that: (1) mandates vaccinations or weekly testing for workers; (2) creates a system to track the results of the applicable testing requirements; and (3) creates a system to communicate the results of such testing to local public health departments.

On July 8, 2021, N.J. Governor Phil Murphy signed a package of bills expanding the power of the Department of Labor and Workforce Development (DOLWD) to enforce state wage, benefit and tax laws, and enhancing penalties for employers that misclassify workers as independent contractors.  Commenting on the Murphy administration’s

New Jersey Governor Phil Murphy signed legislation (A5820/S3866) and Executive Order (EO) No. 244 on June 4, 2021, ending the COVID-19 Public Health Emergency (but not the overall state of emergency) first declared on March 9, 2020, in EO 103.

Residential real estate developments that reopen their amenities amid an improving public health picture would receive COVID-19-related immunity under legislation that is working its way through the New Jersey Legislature.

Governor Phil Murphy announced that employers in New Jersey can soon allow employees to go without masks if they can prove they have been vaccinated. The new executive order, intended particularly for offices, will also lift the social distancing requirement for employees who can show their vaccination status.  The order

On May 24 and 25, 2021, New Jersey Governor Philip D. Murphy signed Executive Order (EO) 242 and EO 243, respectively, easing COVID-19-related workplace restrictions.  While EO 242 had less impact on employers than many had hoped, the governor clarified and expanded his directives with EO 243, which is

There is light at the end of the pandemic tunnel for New Jersey employers, as the state’s COVID-19 numbers continue to decline and Governor Philip Murphy continues to ease restrictions on businesses. But this good news comes with a dose of serious bad news for New Jersey employers too. The

Sixteen months ago, New Jersey Governor Phil Murphy signed into law Senate Bill 3170, which radically expands employers’ advance notice and severance pay obligations under the Millville Dallas Airmotive Plant Job Loss Notification Act – otherwise known as NJ WARN.  Originally scheduled to go into effect on July 17,