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.
Articles About New Jersey Labor And Employment Law.
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
New Jersey Joins the Trend of Increasing Privacy Protections for an Employee’s Location
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
New Jersey Trucking Company Sued for Refusing to Hire Medical Marijuana Patient
Earlier this year, a New Jersey trucking company was sued after refusing to hire a medical marijuana patient following a pre-employment drug test that came back positive for marijuana. Duane Hunt filed the complaint in January of this year, accusing Matthews International Corp of violating the New Jersey Law
Ninth Circuit Rejects Enforcement of New Jersey Choice of Law and Non-Compete Agreement In Employment—The Importance of Being The First To File
In novel and important decision, DePy Synthes Sales v. Howmedica Ostionic’s, Ninth Cir. Case No. 21-55126, on March 14, 2022, the Ninth Circuit Court of Appeals upheld the lower court’s decisions to prevent a former employer from enforcing non-California forum selection clauses and a non-compete against its former California employee.
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 Expands Vaccination Requirements for Healthcare Workers and High-Risk Settings
On January 19, 2022, Governor Philip D. Murphy signed Executive Order (EO) 283, which requires that healthcare workers and those at high-risk congregate settings be fully vaccinated against COVID-19, including receipt of a booster shot, or have their employment terminated. Currently, New Jersey allows unvaccinated healthcare workers to bypass
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.