Articles Discussing General Issues In New Jersey Labor & Employment Law.

In their article for New Jersey Business Magazine, Alvaro Hasani and Alyssa Musmanno break down the changes that employers in the Garden State should make to their employee handbooks in light of the current pandemic.

Companies in the transportation industry in New Jersey can enforce arbitration agreements with employees and independent contractors under the New Jersey Arbitration Act (NJAA), the New Jersey Supreme Court has held. Arafa v. Health Express Corp., No. 083174 (July 14, 2020); Colon v. Strategic Delivery Solutions, LLC, No. 083154 (July 14, 2020).

On May 21, 2018, in Epic Systems Corporation v. Lewis, the Supreme Court of the United States upheld class action waivers in arbitration agreements, ruling that the Federal Arbitration Act (FAA) instructs “federal courts to enforce arbitration agreements according to their terms—including terms providing for individualized proceedings.” On July 14,

Two weeks after announcing “The Road Back: Restoring Economic Health Through Public Health” plan, New Jersey Governor Philip Murphy signed Executive Order (EO) No. 142  on May 13, 2020, permitting non-essential construction projects and non-essential retail businesses to reopen effective 6:00 a.m. on May 18, 2020. This is Governor Murphy’s

Two weeks after announcing “The Road Back: Restoring Economic Health Through Public Health” plan, New Jersey Governor Philip Murphy signed Executive Order (EO) No. 142  on May 13, 2020, permitting non-essential construction projects and non-essential retail businesses to reopen effective 6:00 a.m. on May 18, 2020. This is Governor Murphy’s

In his 37th Executive Order (EO) since the onset of the COVID-19 crisis, New Jersey Governor Phil Murphy has extended the state of emergency an additional 30 days (to June 5, 2020), citing the 130,000 positive cases, 8,244 COVID-19-related deaths, and continuing spread of COVID-19 in the state, among other reasons.

New Jersey’s WARN Act (the Millville-Dallas Airmotive Plant Job Loss Notification Act) has been amended, effective July 19, 2020. N.J.S.A. § 34:21-1, et seq., to expand greatly its scope and requirements:

Definitions: the terms below will change to expand the Act’s coverage of employers and their actions.

New Jersey Governor Phil Murphy has released The Road Back: Restoring Economic Health Through Public Health, outlining six principles or milestones that will guide the state in deciding whether to ease the stay-at-home restrictions implemented on March 21, 2020, in response to the COVID-19 pandemic.

The New Jersey State Director of Emergency Management has issued an Order designating additional businesses as “essential retail” and permitting auto dealerships to provide test drives and pickups of vehicles as the state’s COVID-19 statistics continue to improve. The Order marks what may be the first step in a return toward normal operations.

New Jersey Governor Phil Murphy has signed a bill requiring hospitals licensed under New Jersey Statutes Title 26 to report demographic data on COVID-19 cases.

New Jersey Governor Phil Murphy has signed a bill requiring hospitals licensed under New Jersey Statutes Title 26 to report demographic data on COVID-19 cases. To the extent they have not already done so, hospitals affected by the new law should initiate data collection protocols on the demographics of COVID-19

In response to the COVID-19 pandemic, on April 14, 2020, New Jersey Governor Phil Murphy signed S-2353, which amends the New Jersey Millville Dallas Airmotive Plant Job Loss Notification Act (“April Amendments”), more commonly known as New Jersey’s mini-WARN statute. New Jersey initially amended its mini-WARN statute in January 2020 (“January Amendments”), significantly expanding notice requirements and liability when a triggering event occurs. Once the January Amendments take effect, New Jersey will be the first state in the nation to require employers who conduct a covered “mass layoff” or “termination of operations” to pay affected employees severance equivalent to one week’s pay for each full year of employment, even when the employer gives sufficient statutory notice to its workers. In addition, among other things, the January Amendments: (i) increase the required advanced notice period from 60 days to 90 days, (ii) reduce the “mass layoff” minimum threshold to 50 employees at or reporting to an establishment, (iii) redefine “establishment” to include all of an employer’s facilities within New Jersey; and (iv) extend severance liability to corporate affiliates and executives making lay-off decisions.

New Jersey Senate Bill 2374 has expanded protections of the New Jersey Family Leave Act to employees taking time off to care for a family member during the COVID-19 outbreak