A bill advancing in the New Jersey Legislature would expedite the implementation of significant changes to the state’s WARN law. Back in January 2020, Governor Philip D. Murphy signed into law Senate Bill 3170, which radically expanded employers’ advance notice and severance pay obligations under the Millville Dallas Airmotive
Articles Discussing General Issues In New Jersey Labor & Employment Law.
New Jersey Issues New Guidance Regarding Marijuana in the Workplace
On September 9, 2022, New Jersey issued new regulatory guidance regarding employment protections for users of recreational and medicinal marijuana.
NJ Cannabis Regulatory Commission Publishes Guidance For Employers To Address Marijuana Impairment
The New Jersey Cannabis Regulatory Commission published guidance on September 9, 2022, for employers to address marijuana impairment in the workplace. The guidance does not, however, provide the long-awaited certification standards for Workplace Impairment Recognition Experts.
In February 2021, the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act
New Jersey Cannabis Regulatory Commission Issues Workplace Guidance on Reasonable Suspicion Determinations
The New Jersey Cannabis Regulatory Commission (“the Commission”) on September 9, 2022 issued long-awaited guidance for employers on how to respond when employees are suspected of marijuana impairment. This is the Commission’s first workplace guidance since the adoption of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization
New Jersey Cannabis Regulatory Commission Releases Interim Drug Testing Guidance
On September 9, 2022, the New Jersey Cannabis Regulatory Commission (NJ-CRC) issued long-awaited interim guidance to employers regarding the use of a Workplace Impairment Recognition Expert (WIRE) to “detect and identify an employee’s usage of, or impairment from, a cannabis item or other intoxicating substance.” In addition, the NJ-CRC also
John W. Meyer Analyzes Negligent Training Claims with New Jersey Law Journal
How may courts approach claims of negligent training in instances where the failure of skills proposed are skills considered to be of the everyday variety?
New Jersey Enacts New Annual and Remote Worker Poster Requirements
Earlier this year, the New Jersey Division on Civil Rights (DCR) issued proposed regulations to allow employers to satisfy the state’s Law Against Discrimination (LAD) and Family Leave Act (NJFLA) poster requirements via an internet or intranet site rather than a conventional bulletin board in the workplace. The proposed regulations
New Jersey High Court Says Separate Corporate Structure Not Enough to Establish Independent Contractor Status
On August 2, 2022, the Supreme Court of New Jersey handed down a key ruling that significantly impacts how companies across the state should classify workers as independent contractors. In East Bay Drywall, LLC. v.
New Jersey Appellate Division Declares Nondisparagement Provisions Valid Under State Law
In a decision that may be useful to employers drafting severance and litigation settlement agreements in New Jersey, a panel of the New Jersey Appellate Division found that provisions requiring parties not to disparage one another may be included in settlement agreements in employment-related cases.
Non-Disparagement Provisions Not Barred by NJLAD’s #MeToo Amendments, For Now
In March 2019, in response to the #MeToo movement, New Jersey enacted N.J.S.A. 10:5-12.8, which amended the New Jersey Law Against Discrimination (NJLAD) to prohibit, in employment contracts or settlement agreements, any non-disclosure or confidentiality provisions that have “the purpose or effect of concealing the details relating to a
New Jersey: Notice to Employees Required Before Using Tracking Devices on Vehicles Used by Employees
New Jersey Governor Phil Murphy has signed into law a bill that requires employers to provide employees written notice before using tracking devices on any vehicle used by an employee.
New Jersey Legislature Continues Efforts to Significantly Limit Restrictive Covenants
On May 2, 2022, the New Jersey State Assembly introduced Assembly Bill (AB) 3715 that, if enacted, would significantly limit the use and enforceability of certain restrictive covenant provisions, while mandating additional procedural requirements. AB 3715 is similar to prior bills introduced in the New Jersey legislature in recent years,
Practical Tips for Investigation of COVID-19 Claims in New Jersey
In New Jersey, the applicable 2020 law (see, N.J.S.A. 34:15-31.11 et seq.) states that if an individual contracts COVID-19, there shall be a rebuttable presumption that the disease is work-related and fully compensable.
New Jersey Division on Civil Rights Proposes Employer Posting Requirements for Remote Workers
Recognizing that workers are increasingly working from home or in places other than an employer’s worksite, the New Jersey Division on Civil Rights (DCR) issued proposed regulations on March 21, 2022, that would allow employers to satisfy the state’s Law Against Discrimination (LAD) and Family Leave Act (NJFLA) poster requirements
New Jersey Requires Employers to Make a Retirement Savings Vehicle Available to Employees
In an effort to close the gap in retirement savings across the state, Governor Phil Murphy signed the New Jersey Secure Choice Savings Program Act (Act) in March of 2019. The Act created the Secure Choice Savings Program (Program), designed to provide a path for more private sector employees save