The “Opportunity to Compete Act,” a New Jersey Senate bill (S.2586), seeks to establish “certain employment rights for persons with criminal histories.” Citing the dramatic increase in employers’ use of criminal background checks, the bill declares that employment barriers based upon criminal backgrounds has a disproportionate effect on racial and ethnic minorities.
Articles About New Jersey Labor And Employment Law.
New Jersey Governor Vetoes Minimum Wage Increase, Legislature Puts Issue on November Ballot
New Jersey’s Governor Chris Christie has vetoed legislation passed by the New Jersey Senate and Assembly (S3/A2162) that would have raised the state’s minimum wage from $7.25 an hour to $8.50 an hour and based future increases on the consumer price index (CPI). While issuing his conditional veto on January 28, 2013, Governor Christie proposed a $1-an-hour raise in the minimum wage that would be phased in with a 25-cent increase this year, a 50-cent increase in 2014, and another 25-cent increase in 2015. He also proposed a 25-percent increase to the state’s Earned Income Tax Credit, which would be implemented fully in taxable year 2014. The Governor’s office stated that the EITC increase would provide a $550 benefit for struggling working families.
Legal Alert: New Jersey Governor Conditionally Vetoes Minimum Wage Increase
Executive Summary: New Jersey Governor Chris Christie has conditionally vetoed a $1.25 minimum wage hike, instead proposing a $1.00 increase that will phase in over three years.
Court Finds Common Law Causes of Action Not Preempted by New Jersey Trade Secrets Act
In January 2012, New Jersey enacted its version of the Uniform Trade Secrets Act (UTSA). On December 7, 2012, in SCS Healthcare Marketing, LLC v. Allergan USA, Inc., a New Jersey Superior Court recognized that the New Jersey Trade Secrets Act (NJTSA) modifies the Uniform Trade Secrets Act to preserve New Jersey’s non-conflicting common law relating to trade secrets.
New Jersey Proposes New Notice Requirements for Employers to Combat Gender Discrimination
The New Jersey Department of Labor and Workforce is proposing new workplace notification rules requiring employers with at least 50 employees to post conspicuously a notification informing workers 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, and the Equal Pay Act of 1963 on January 7, 2013. A proposed “form of notification” also was published on January 7.
New Jersey Moves Closer to Minimum Wage Hike
The New Jersey Senate has approved a bill (S3) that would raise the state minimum wage from $7.25 to $8.50 per hour and base future increases on the consumer price index (CPI). The proposed measure now heads to the state Assembly. The Assembly approved an almost identical bill earlier this year. If S3 becomes law, the wage increase would take effect on March 1, 2013, and the CPI provision would go into effect on January 1, 2014.
Mandatory Follow-Up Alcohol Testing Violates Rights of Alcoholic Employees, NJ Appeals Court Concludes
A workplace policy requiring all employees who self-identify as in need of substance abuse treatment to submit to random alcohol testing following their return to work constitutes disability discrimination on its face, according to a recent published decision of the New Jersey Appellate Division, A.D.P. v. ExxonMobil Research and Engineering Co., No. A-4806-10T4 (Oct. 26, 2012).
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.
Disaster Unemployment Assistance Benefits Available to New Jersey Hurricane Sandy Victims
When natural disaster strikes New Jersey, the Federal Disaster Unemployment Assistance program provides unemployment benefits to individuals who live or work in affected areas of New Jersey and become unemployed as a result of the damage. The process begins with the Governor making a request to the Department for Labor to make the benefits available to individuals in qualifying counties of the state. Upon approval by the DOL, individuals who do not qualify for regular unemployment insurance may obtain those benefits through the program. After the initial approval by the DOL, the U. S. Department of Homeland Security’s Federal Emergency Management Agency (FEMA) may approve additional counties for the special benefits program. Prior to Hurricane Sandy, the benefits were last made available after Hurricane Irene in 2011.
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.
Employers in Newark, New Jersey Must Comply with a New Ordinance Broadly Restricting Their Discretion to Rely on Criminal Records for Employment Purposes
Effective November 18, 2012, most employers that operate in Newark, New Jersey must comply with a new ordinance1 broadly restricting their discretion to rely on criminal background records for employment purposes.
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.
New Jersey Facebook Bill Advances and Could Expose Employers to Additional Liability
New Jersey may soon join the ranks of other states that prohibit or seriously limit an employer’s right to request a current employee or applicant’s password, username, or similar information to social media websites such as Facebook. Unfortunately, the proposed New Jersey legislation as currently written will provide applicants and current employees with a potential new cause of action to assert against companies.
Make Room on Your Bulletin Board – New Jersey Mandates New Notice Requirement for Employers
The New Jersey State Assembly has passed and Governor Chris Christie has signed into law a bill that will increase the requirements for employers to provide notice to employees of laws protecting them from wage and other discrimination because of gender. The new law (A2647) supplements the New Jersey Equal Pay Act and requires employers with 50 or more employees to “conspicuously post” a notification stating workers’ rights to be free from gender inequity or bias in pay, compensation, benefits or other terms or conditions, under the New Jersey Law Against Discrimination, Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963. Signed on September 21, 2012, the new law is scheduled to take effect 61 days from the date of its signing. However, the Commissioner of the Department of Labor still needs to develop and issue the form of notification required.
New Jersey Governor Takes Action on “Gender Pay Parity” Bills
Executive Summary: On Friday, September 21, 2012, New Jersey Governor Chris Christie signed into law a “Gender Pay Parity” bill that imposes a new notice posting requirement on covered employers. The governor rejected a second bill that would have increased reporting requirements for public contractors and sent the remaining two bills back to the legislature with significant amendments.