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
Articles About New Jersey Labor And Employment Law.
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
Non-Compete News: The End Of New Jersey Non-Competes as We Know Them?
Last week, the New Jersey Assembly’s Labor Committee passed bill A3715, designed to sharply limit the available provisions, use, and enforceability of restrictive covenants in employment contracts by New Jersey employers. A3715 purports to address the laudable goal of exempting low-wage workers, students, and seasonal and temp workers from post-employment restraints or covenants. But the bill goes much further and, if passed, the new law will effectively end more than 100 years of non-compete use by New Jersey employers.
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
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.