The Third Circuit Court of Appeals has held that the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not permit a private citizen to bring a civil action for enforcement of the provisions prohibiting discrimination against cannabis users. Erick Zanetich v. Wal-Mart Stores East, Inc. et
Articles Discussing General Issues In New Jersey Labor & Employment Law.
PEO Reporting Requirements Update
Bill (S2357) went into effect July 31, 2023, and changes PEO reporting requirements in New Jersey regarding separation of employment.
New Jersey Division on Civil Rights Issues New Guidance on ‘Algorithmic Discrimination’
On January 9, 2024, New Jersey Attorney General Matthew J. Platkin and the New Jersey Division on Civil Rights (DCR) issued a thirteen-page “Guidance on Algorithmic Discrimination and the New Jersey Law Against Discrimination.”
Frequently Asked Questions About the New Jersey Data Protection Act, Effective January 15, 2025
The New Jersey Data Protection Act (NJDPA), N.J. Stat. § 56:8-166.4 et seq., will go into effect on January 15, 2025, as New Jersey joins eighteen other states with comprehensive data privacy laws. The Garden State’s Division of Consumer Affairs Cyber Fraud Unit recently posted answers to twenty-four frequently asked
Third Circuit Affirms That New Jersey’s Cannabis Law Does Not Allow a Private Right of Action
On December 9, 2024, the U.S. Court of Appeals for the Third Circuit upheld the New Jersey district court’s previous ruling that there is no private right of action under New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“the Act”).
Third Circuit Rules New Jersey Marijuana Law Lacks Private Right of Action to Enforce Employment Protections
A federal appellate court has ruled that a New Jersey law regulating recreational marijuana use does not grant job applicants the right to sue employers that rescind job offers after positive pre-employment drug tests for marijuana. The court found that the law does not provide a private right of action
Transparency Takes Center Stage: NJ Governor Signs Bill Requiring Salary Disclosure in Job Postings
New Jersey Governor Phil Murphy has signed into law a new statute requiring pay transparency. The law will become effective on June 1, 2025.
Specifically, the law requires all employers that have at least 10 employees over 20 calendar weeks and that do business, employ persons, or take applications for employment
New Jersey to Require Employers to Disclose Pay and Benefits in Job Postings, Promotion Opportunity Notices
On November 18, 2024, New Jersey Governor Phil Murphy signed statewide pay transparency legislation that will require employers, beginning in June 2025, to disclose compensation and benefits in job postings and notices of promotion opportunities.
New Jersey Joins Data Privacy Party—New Jersey Data Protection Act Becomes Effective in January 2025
Signed into law at the beginning of 2024, colloquially known as the New Jersey Data Protection Act (NJDPA), N.J. Stat. § 56:8-166.4 et seq. will go into effect on January 15, 2025, as New Jersey joins eighteen other states with comprehensive data privacy laws. Businesses affected typically include large retailers
New Jersey Judge Interprets EFAA As Requiring Employment Claims to Be Split Into Two Forums
A recent New Jersey Superior Court decision interpreting the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) may require New Jersey employers to defend an employee’s employment-related claims before both a judge and arbitrator.
New Jersey Pay Transparency Law Is the Stroke of a Pen (and Seven Months) Away From Becoming Law
On September 26, 2024, the New Jersey Legislature passed Senate Bill 2310 (S2310), which will require transparency about compensation and benefits in internal and external postings of promotion opportunities, job listings, and transfer opportunities. If, as expected, Governor Phil Murphy signs the bill into law, the act will become effective
New Jersey Nears Finalization of Temporary Workers Bill of Rights Regulations
The State of New Jersey is on the verge of finalizing its regulations for the Temporary Workers Bill of Rights (TWBR), a significant move that will enhance protections and further equalize compensation for temporary workers whose primary residences are in New Jersey and who work inside or outside the state.
New Jersey Federal Court Denies Bid to Block Temporary Workers Bill of Rights Law
On August 30, 2024, a judge of the U.S. District Court of New Jersey denied a motion to partially enjoin the New Jersey Temporary Workers Bill of Rights based on Employee Retirement Income Security Act (ERISA) preemption.
Temporary Workers Bill of Rights Scores a Victory in the Third Circuit Court of Appeals
The Third Circuit agreed with the lower court that a preliminary injunction was not warranted to block New Jersey’s Temporary Workers Bill of Rights (the “Bill of Rights”) in a challenge by industry groups. The appellate court ruled that the Bill of Rights does not unlawfully burden out-of-state businesses or
A Wave of Lawsuits Under Daniel’s Law
In 2020, Daniel Anderl, the son of Federal Judge Esther Salas, was shot and killed by a man targeting the judge. It is believed the man found the judge’s home address online. In reaction to the murder, New Jersey enacted “Daniel’s Law” which prohibits the disclosure of the home address