New Jersey has joined a growing list of states considering legislation on data privacy to promote transparency, accountability, and individual choice. One bill would create new obligations for commercial entities whose online website or services collect personally identifiable information (PII) from individuals in New Jersey. A second bill would regulate an operator’s use of global positioning system (GPS) data belonging to a customer in New Jersey.
Articles Discussing General Issues In New Jersey Labor & Employment Law.
New Jersey on the Forefront of Consumer Privacy and Security Law
Since the start of 2019, New Jersey has shown it is on the forefront of consumer privacy and security law. Last week we reported on Assembly Bill 3245 (AB 3245) that would enhance the state’s data breach notification requirements. In short, if signed, AB 3245, would require businesses to notify consumers of online account security breaches. This week, we are reporting on other related Assembly bills recently introduced including AB 4902, which creates new obligations for commercial entities whose online website or services are accessed by individuals, and AB 7974 that regulates the use of a customer’s GPS data.
NJ Amendment to Data Breach Notification Law, Moves to Governor
In light of several large-scale breaches of late, the New Jersey General Assembly is taking steps to enhance the state’s data breach notification requirements. In late February, Assembly Bill 3245 (AB 3245), introduced by Assembly Members Ralph Caputo and Carol Murphy, was unanimously approved by both the Assembly and the Senate, and is now headed to Governor Phil Murphy for signing. In short, if signed, AB 3245, would require businesses to notify consumers of online account security breaches.
More Family Time and Money: New Jersey Expands its Family Leave Entitlements
Declaring it the “most expansive paid family leave time and benefits in the nation,” New Jersey Governor Phil Murphy signed Assembly Bill (AB) 3975 into law on February 19, 2019. AB 3975 significantly expands the scope of the New Jersey Family Leave Act (NJFLA) and the New Jersey Temporary Disability Benefits Law (NJTDBL), by, among other things, imposing new obligations on smaller employers that were not previously covered by the NJFLA. The new law also amends New Jersey’s Security and Financial Empowerment (SAFE) Act by granting paid family temporary disability leave benefits to covered time off relating to domestic and sexual violence. AB 3975 went into effect immediately, but some of its provisions will be phased in over time.
New Jersey Expands Family Leave Laws to Provide Greater Benefits to Employees
Executive Summary: On February 19, 2019, New Jersey Governor Phil Murphy signed into law legislation that significantly expands an employee’s right to unpaid and paid leave under New Jersey’s existing Family Leave Act (“NJFLA”), Temporary Disability Benefits Law (“NJTDL”), and Security and Financial Empowerment Act (“SAFE Act”). These amendments will have a significant effect upon employers in New Jersey, who should review their current policies and procedures immediately to ensure compliance.
New Jersey’s Own “Green Deal”: Adult Use Recreational Marijuana is Coming to the Garden State
Executive Summary: On February 15, 2019, New Jersey’s governor and leaders of the State senate and assembly reached an agreement for legalizing, regulating, and taxing marijuana for adult recreational use. The proposed legislation remains largely unchanged from Senate Bill 2703, introduced on June 7, 2018.
Third Circuit Finds FAAAA Does Not Preempt New Jersey ABC Test
In Bedoya v. American Eagle Express Inc., the Third Circuit Court of Appeals held that the Federal Aviation Authorization Administration Act of 1994 (FAAAA) does not preempt New Jersey’s wage and hour laws, permitting delivery drivers to continue with a suit claiming they were misclassified as independent contractors. As a result of this decision, motor carriers located in states within the Third Circuit (Delaware, New Jersey and Pennsylvania) will need to ensure their relationships with drivers classified as independent contractors satisfy the so-called “ABC” test.
Is Your Business Complying with New Jersey’s Earned Sick Leave Law?
A new sick leave law is in effect in New Jersey. The law applies to all private sector employers with employees in NJ, regardless of size. It provides paid sick leave (PSL) to almost all private sector full-time and part-time employees who work in NJ (excluding construction employees covered by a collective bargaining agreement and per diem health care employees). The sick leave law took effect on October 29, 2018. In light of the law’s significant penalties (including the ability of employees to sue employers in court for violations and obtain liquidated damages), employers should ensure their NJ employees are accruing and using paid time off in compliance with the Earned Sick Leave Law.
Bill Would Impose Significant Apprenticeship Requirements on New Jersey Contractors
On December 17, 2018, the New Jersey Legislature paved the way for a game-changing prerequisite for N.J. public works contractors. The State Assembly and Senate passed Assembly Bill A-3666 and forwarded it to Governor Murphy for his signature. If signed into law as is expected, the bill—which would impose new apprenticeship and training requirements on public works contractors—would be among the most restrictive of its kind in the country. Governor Murphy has until the end of January to sign the legislation, which would become effective 90 days thereafter.
Successful Defense of Client in Workers’ Compensation Case Brings Dismissal of Claim on Basis of Jurisdiction
It started in June 2018 with a hotel bellman’s claiming in court that he had injured his abdomen, back, and shoulder while picking up luggage and ended in September 2018 with our attorneys’ convincing a judge to dismiss the man’s workers’ compensation claim.
Failure of Parties to Identify an Arbitration Forum Can Invalidate an Arbitration Agreement for Lack of Mutual Assent
In a recent appellate court opinion of first impression in New Jersey, the Appellate Division reversed a trial court’s order compelling arbitration and found the parties’ failure to identify any arbitration forum or the process for choosing that forum was not a “meeting of minds.” Pursuant to basic principles of contract law, the Appellate Division invalidated the arbitration clause.
New Jersey Courts Continue to Raise the Bar for Enforceable Arbitration Agreements
The New Jersey Appellate Division recently issued a decision adding yet another hurdle for employers in the Garden State to overcome in drafting and enforcing arbitration agreements. In Flanzman v. Jenny Craig, Inc.,1 the court found that because an arbitration agreement did not establish the forum for the arbitration, the agreement lacked sufficient details to establish the “meeting of the minds” component crucial to rendering it enforceable. As a result of this decision, employers operating in New Jersey should consider taking a fresh look at their arbitration agreements to ensure they include the necessary provisions.
New Jersey Publishes Mandatory Paid Sick Leave Notice in 12 New Languages
New Jersey’s Department of Labor and Workforce Development (NJ DOL) created a webpage concerning the state’s paid sick and safe time law, which took effect on October 29, 2018. Available online resources on the page include the mandatory notice in English and 12 other languages: Arabic, Chinese (simplified and traditional), Guajarati, Haitian Creole, Hindi, Italian, Korean, Polish, Portuguese, Spanish and Tagalog.
New Jersey Releases FAQ on Paid Sick and Safe Time Law
Just days before New Jersey’s paid sick and safe time (PSST) law is set to take effect on October 29, 2018, the New Jersey Department of Labor and Workforce Development issued a set of Frequently Asked Questions (FAQ) to help employers comply with the new law, as proposed regulations implementing the law likely will not be finalized until 2019.
The Latest Buzz: New Jersey Moves One Step Closer to Legalization of Adult Recreational Marijuana Use
On September 12, 2018, New Jersey’s Senate offered proposed amendments to S. 2701, inching the New Jersey Marijuana Legalization Act toward enactment.