In the last few years, a flurry of state privacy legislation has bolstered protections for everything from biometric data to rights of deletion. Location data is no exception. The latest statute, New Jersey’s Assembly Bill No. 3950, goes into effect on April 18, 2022 and requires employers to provide
Articles Discussing General Issues In New Jersey Labor & Employment Law.
NJ Governor Signs Bill Expanding Parking Lot Liability for Employers
On a cold January morning, New Jersey Gov. Phil Murphy trudged through the snow-covered statehouse parking lot and, with one swipe of his pen, shifted the landscape for injuries that occur in employer parking lots.
New Jersey Employers Now Required to Provide Written Notice Before Using Tracking Devices in Employee Vehicles
On January 18, 2022, New Jersey Governor Phil Murphy signed into law Assembly Bill No. 3950. Under the law, private employers in New Jersey must provide employees with written notice before using tracking devices on vehicles operated by employees.
John W. Meyer Explores the Employer Enigma of Expunged Records and Negligent Hiring in the New Jersey Law Journal
Picture a scenario in which an employer, prior to the hiring process, acquires previously expunged records of a potential employee. What are they to do? Does that constitute potential knowledge and liability under a negligent hiring analysis?
New Jersey Law Allows Labor Commissioner to Audit Federally Regulated Apprenticeship Programs and Strip Affected Contractors of the Right to Perform Public Work
On January 18, 2022, New Jersey’s Public Works Contractor Registration Act, 34 N.J.S.A. 34:11-56.56, et seq.
New Jersey Enacts Last-Minute Bill Tying the Hands of Successor Hotels
On January 18, 2022, Governor Philip D. Murphy signed NJ A6246 / S4295, which significantly restricts the business discretion of successor hotels. The New Jersey Senate and General Assembly passed this bill by an overwhelming majority on the final day of the previous legislative session.
Reminder: Qualifying New Jersey Employers Must Enroll Employees in New Jersey’s Secure Choice Savings Program Before End of 2021
On March 28, 2021, New Jersey Gov. Phil Murphy signed the New Jersey Small Business Retirement Marketplace Act, which requires qualifying employers to automatically enroll their employees in the New Jersey Secure Choice Savings Program. While enrollment in the program began on March 28, 2021, qualifying employers are not required to enroll their employees in the program until the end of 2021.
New Jersey Quietly Rolls Back Temporary Suspension of Employer Withholding Rules for Teleworking Employees
Effective October 1, 2021, the New Jersey Division of Taxation (the “NJDT”) ended the temporary relief period with regard to employers’ obligation to withhold income taxes for teleworking employees who work in New Jersey.1 Employers must therefore stop basing their obligation to withhold and remit income taxes on the
New Jersey Expands Age Discrimination Protections
On October 5, 2021, Governor Phil Murphy signed into law amendments to the New Jersey Law Against Discrimination (NJLAD) that significantly expand causes of action available to older workers. While NJLAD has always prohibited age-based discrimination in employment, the new amendments create a new private right of action for forced retirement claims and eliminates a safe harbor provision which limited damages and gave small businesses more flexibility to manage their workforces.
New Jersey Employers Now Required to Give Job Preference to Employees Who Have Reached Maximum Medical Improvement
On September 24, 2021, New Jersey Gov. Phil Murphy signed into law a bill that amends New Jersey’s Workers’ Compensation Act to require employers with 50 or more employees to provide hiring preferences to employees, following a work-related injury, who have reached maximum medical improvement but are unable to return to the position at which the employee was previously employed.
New Jersey Cannabis Regulatory Commission’s Rules and Regulations for CREAMMA Are Here: What Employers Need to Know
As we previously reported, on February 22, 2021, Governor Phil Murphy signed into law the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), which, among other things, legalized the recreational use of marijuana in New Jersey for adults age 21 and older. In addition, CREAMMA imposed on
New Jersey Marijuana Law Employment Provisions Take Effect
On August 19, 2021, the New Jersey Cannabis Regulatory Commission (the Commission) issued long-awaited initial rules implementing the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (the Act), which Governor Murphy signed on February 22, 2021. The Act legalizes the use of recreational marijuana for adults over
New Jersey Cannabis Regulatory Commission’s Rules Do Not Address Standards For Workplace Marijuana Testing
The New Jersey Cannabis Regulatory Commission (the “Commission”) published the first set of rules and regulations on August 19, 2021 governing recreational cannabis use in New Jersey (“Personal-Use Cannabis Rules”) under the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”). Those regulations do not include standards for employers to
New Jersey Cannabis Commission Gives Employers Who Drug Test A Reprieve on Physical Examination Requirement
As we previously discussed here, New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) contains several protections for New Jersey employees who use recreational cannabis, while also reserving for employers the right to drug test under certain conditions. The most controversial twist in CREAMMA is that drug tests of employees and applicants must be accompanied by a “physical examination” conducted by a person who has been certified to recognize drug impairment. The New Jersey Cannabis Regulatory Commission (the “Commission”) was tasked with establishing a Workplace Impairment Recognition Expert (“WIRE”) certification program to train and certify persons to conduct these “physical evaluations” on behalf of employers. The Commission has until August 21, 2021 to implement CREAMMA regulations.
New Jersey Mandates Vaccines Or COVID-19 Testing For Covered Healthcare Settings
Governor Murphy issued Executive Order 252, requiring employers in covered healthcare and other high risk congregate settings, including hospitals, correctional facilities and certain long-term care facilities, to establish a policy that, among other things, mandates vaccinations or weekly testing for “covered workers.”
By September 7, 2021, “covered setting” employers must