In 2010, the New Jersey Supreme Court created a qualified privilege for an employee taking documents to support an employment discrimination suit.1 However, this past December, in State of New Jersey v. Ivonne Saavedra,2 the Superior Court of New Jersey, Appellate Division, ruled that the qualified privilege should not be applied to protect a criminal defendant from a grand jury indictment for “official misconduct” for having taken those documents to support a retaliatory discharge claim.
Articles Discussing General Issues In New Jersey Labor & Employment Law.
New Notice Requirements for New Jersey and Jersey City Employers
Beginning January 6, 2014, all New Jersey employers with at least 50 employees, whether working inside or outside of New Jersey, will be required to conspicuously post and distribute to employees a new gender equity notice. The notice advises employees of their rights to be free from gender inequity or bias in pay, compensation, benefits, or other employment terms and conditions under the New Jersey Law Against Discrimination, Title VII of the Civil Rights Act of 1964, and the Equal Pay Act of 1963. (For a detailed discussion of this notice requirement, see our article, New Jersey’s Mandatory Gender Discrimination Notice Available.)
Paid Sick Leave Ordinance Adopted in Jersey City, New Jersey
On September 26, 2013, Jersey City, New Jersey became the latest jurisdiction to mandate that private sector employees receive paid sick leave. Jersey City joins a handful of U.S. cities1 with a mandatory paid sick leave requirement: San Francisco, California; New York City, New York; Portland, Oregon; and Seattle, Washington.2 Additionally, paid sick leave requirements exist in Connecticut and Washington, D.C. The ordinance takes effect January 24, 2014. However, for employees covered by a collective bargaining agreement (CBA) in effect on the ordinance’s effective date, the ordinance covers them on the date the CBA terminates.
Jersey City Ordinance to Require Sick Leave for All Private Sector Employees Working in City
In an effort to decrease public and private health care costs and promote preventive health services by enabling workers to seek early and routine medical care for themselves and their family members, Jersey City, New Jersey, has enacted a City Ordinance mandating that all private employers in the city provide their employees with paid or unpaid sick time. Ordinance No. 13.097 will take effect on January 23, 2014 (120 days after date of enactment), or at the expiration of current collective bargaining agreements for those employees working under such agreements. Jersey City is the first city in New Jersey and the sixth city nationwide to enact such legislation.
New Jersey Employers Must Post New ‘NJ SAFE Act’ Domestic Violence Leave Notification
The New Jersey Department of Labor has issued the notice required to be posted under the New Jersey Security and Financial Empowerment Act (“NJ SAFE” Act). The NJ SAFE Act goes into effect on October 1, 2013. The statute requires employers to provide up to 20 days of unpaid leave during any 12-month period to eligible employees who have been the victim of an incident of domestic violence or a sexually violent offense or whose child, parent, spouse, domestic partner or civil union partner was a victim of such an act. (For more on the NJ SAFE Act, please see New Jersey Employers Must Provide Unpaid Leave to Victims of Domestic Violence under New Law.)
New Jersey Decision Offers Cautionary Tale to Employers Regarding How Courts May Interpret Whether Employee’s Release is Knowing and Voluntary
On August 26, 2013, the New Jersey Appellate Division reversed a grant of summary judgment to an employer upon concluding, based on little more than the plaintiff’s self-serving statements, that its former employee’s detailed release of claims was not “knowing and voluntary.” Although this decision may later prove to be an outlier, it serves as a warning to employers of the highly critical manner in which some courts may scrutinize release agreements.
New Jersey Becomes the Twelfth State to Enact Social Media Password Protection Legislation; Recent Amendment to Illinois’ Law Benefits the Financial Services Sector
On August 29, 2013, New Jersey became the twelfth state to enact social media password protection legislation, continuing the nationwide trend towards imposing some form of restriction on employer access to the restricted, personal social media content of applicants and employees.1 The new law becomes effective on December 1, 2014. Two weeks earlier, Illinois amended its existing password protection law. The amendment narrows the law’s prohibitions so that the law does not impede financial services firms from monitoring their employees’ business-related communications in social media.
New Jersey Social Media Privacy Bill Signed into Law
New Jersey has joined 12 other states in enacting a law that prohibits employers from requiring or requesting access to employees’ and applicants’ personal social media accounts. While New Jersey employers may continue to access and use any information about current employees and job hopefuls in the public domain, New Jersey Assembly Bill No. 2878 (“A2878”) prohibits employers from forcing their workers or job applicants to disclose personal information (such as usernames, passwords or other login information) for accessing accounts or services provided by websites such as Facebook and Twitter. The new law also forbids employers from retaliating against employees who refuse to provide login information to their social media accounts or who assist in the investigation or reporting of alleged violations of A2878. Signed by Governor Chris Christie on August 29, 2013, the new law becomes effective on December 1, 2013.
New Jersey Law Requires Covered Employers to Provide Domestic Violence Leave
On July 17, 2013, Governor Chris Christie signed into law the New Jersey Security and Financial Empowerment Act (NJ SAFE Act). New Jersey joins 15 states, the District of Columbia, and a handful of local governments in providing victims of domestic violence or sexual assault with the right to take unpaid leave. Effective October 1, 2013, the NJ SAFE Act will provide eligible employees with unpaid time off to attend to a variety of matters related to an act of domestic violence or sexual assault committed against the employee or a family or household member.
New Jersey Employers Must Provide Unpaid Leave to Victims of Domestic Violence under New Law
Effective October 1, 2013, New Jersey employers will be required to provide up to 20 days of unpaid leave during any 12-month period for an eligible employee who is the victim of domestic violence or sexual assault or whose child, parent, spouse, domestic partner or civil union partner was the victim of such act. Leave may be taken for each incident of domestic violence and/or sexual violence. The new law, the New Jersey Security and Financial Empowerment Act (“NJ SAFE” Act), applies to employers with at least 25 employees.
Legal Alert: New Jersey Enacts Domestic Violence Leave Law; Effective Nov. 1, 2013, Employers Must Provide 20 Days’ Leave for Victims
Executive Summary: A bill providing protected leave to victims of domestic violence or sexual assault has been signed into law and is expected to take effect on November 1, 2013. The new law will require New Jersey employers with 25 or more employees to provide 20 days of job-protected leave to eligible employees.
New Jersey Governor Vetoes Bill to Expand Public Labor Agreements
New Jersey Governor Chris Christie has vetoed legislation that would have expanded the definition of projects requiring greater use of Project Labor Agreements (PLAs) for New Jersey’s public works. Governor Christie cited the detrimental effect the bill (S2425) could have on the continued Hurricane Sandy repair efforts in issuing his absolute veto.
New Jersey Senate Approves Bill Restricting Access to Employees’ Social Networking Information
The New Jersey state Senate has advanced a key workplace measure that may significantly affect employers in the Garden State. In a unanimous 38-0 vote, the Senate has brought New Jersey one step closer to becoming the fourth state to limit employers’ access to the social networking accounts of current employees and job applicants.
Newark, New Jersey Enacts Ban-the-Box Criminal Conviction Legislation Applicable to Private Sector Employers
The Municipal Council of the City of Newark, New Jersey has passed a new ordinance designed to help individuals with criminal convictions find employment within the City of Newark. This ordinance, effective November 18, 2012, is different from many other cities’ ban-the-box ordinances in that it covers all private sector employers with five or more employees and doing business, employing persons, or taking employment applications within the City of Newark. The ordinance also applies to the rental, lease or sublease of real property and licensing by the City.
Proposed NJ Law Would Impact Certain Independent Contractors
Executive Summary: On September 27, 2012, two members of the New Jersey Assembly introduced Assembly Bill 3310, which authorizes the New Jersey Department of Labor and Workforce Development (NJDOL) to investigate, mediate and prosecute claims by certain independent contractors that they were not properly paid in their transactions with businesses and non-profits. The bill imposes additional record-keeping requirements on businesses and non-profits that contract with certain independent contractors and establishes civil and criminal penalties for violations of the law. If passed, this law would create a minefield for all businesses and non-profits in New Jersey who use independent contractors and could severely hurt New Jersey sole proprietors.