Yesterday, New Jersey Governor Phil Murphy issued Executive Order 192 (“EO 192”), creating additional COVID-19 mitigation protocols for New Jersey employers that will be effective on November 5, 2020 at 6:00 am. These new requirements are largely based on existing the United States Centers for Disease Control (“CDC”) guidance for employers, although there are some new measures contained in EO 192 discussed below. Importantly, the mitigation measures contained in EO 192 are mandatory, and non-compliance carries potentially significant consequences.
Articles Discussing General Issues In New Jersey Labor & Employment Law.
New Jersey Requires COVID-19 Workplace Protocols Effective November 5, 2020
Only four days after extending New Jersey’s public health emergency an additional 30 days, Governor Phil Murphy signed Executive Order 192 (EO 192), requiring businesses that operate during the continuing COVID-19 crisis to implement workplace safety protocols effective November 5, 2020, at 6:00 a.m. Significantly, EO 192 provides for the establishment of complaint and investigation procedures to resolve non-compliance.
New Jersey Grants Name, Image, Likeness Rights to Collegiate Student-Athletes
New Jersey Governor Phil Murphy’s signature on the New Jersey Fair Play Act (S-971/A-2106) will allow New Jersey student-athletes to earn financial compensation from the use of their name, image, and likeness and authorize their hiring and use of attorneys and agents without affecting their scholarship eligibility. New Jersey joins
New Jersey Department of Labor Issues Final Regulations for COVID-19 Job Protection Law
The New Jersey Department of Labor and Workforce Development (NJDOL) has issued final regulations related to the COVID-19 Job Protection Act signed into law on March 20, 2020.
The law generally protects employees from adverse actions when they take or request time off at the written or electronic recommendation of
New Jersey Department of Labor Issues Final Regulations for COVID-19 Job Protection Law
The New Jersey Department of Labor and Workforce Development (NJDOL) has issued final regulations related to the COVID-19 job protection act signed into law on March 20, 2020.
New Jersey High Court Updates State’s Arbitration Case Law to Reflect Modern Business Practice
For the second time in a little over one month, the Supreme Court of New Jersey has issued an employer-friendly ruling upholding the enforceability of arbitration agreements in the employment context.
New Jersey Finally Gets a Roadmap to Creating a Valid Arbitration Clause
Yesterday, New Jersey’s Supreme Court approved as legally binding an arbitration agreement provided to employees electronically, concluding the arbitration agreement was effectively, clearly, and unambiguously communicated to the company’s employees.
New Jersey High Court Enforces Arbitration Agreement with Independent Contractors under State Law
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).
New Jersey Supreme Court Confirms Enforceability of Employment Arbitration Agreements With Class Action Waivers Exempted Under FAA
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,
Quarantine Quandaries – How NY, NJ and CT’s Quarantine Period May Impact Employers
New York, New Jersey, and Connecticut issued a joint incoming travel advisory, effective June 25, 2020, requiring all individuals—including Tristate Area residents—to self-quarantine for 14 days when arriving from an “impacted state.” The Joint Travel Advisory defines “impacted state” as a state having: (i) a positive COVID-19 test rate
New Jersey Issues Executive Order No. 142 on Non-essential Construction Projects and Non-essential Retail Businesses
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
New Jersey’s Issues Executive Order No. 142 on Non-essential Construction Projects and Non-essential Retail Businesses
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
New Jersey Executive Directive Requires Testing Protocols at Certain Healthcare Facilities
The New Jersey Department of Health (DOH) has issued an Executive Directive (ED) requiring all licensed long-term care facilities, assisted living residences, comprehensive personal care homes, residential healthcare facilities, and dementia care homes to implement testing and response protocols by May 19, 2020. Although many facilities likely have already implemented
New Jersey Extends State of Emergency, Clarifies Limits on Recreational, Entertainment Activities
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.
A Quick Overview of New Jersey’s New WARN Act
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.
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