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Feb 15, 2019

New Jersey’s Legislature Continues to Alter Employment Law Landscape

While New Jersey has long been considered progressive in preserving and protecting the employment rights of its citizens (see last year’s Pay Equity and Paid Sick Leave Laws), current activity in the Legislature and Governor’s office relating to laws impacting the workplace is at an all-time high. » Read More

Sep 25, 2018

Updated Harassment Policies Anticipated for NJ Legislators and Staff

Taking action in the wake of the #MeToo movement, the New Jersey Assembly is expected to adopt a significant upgrade to its own harassment policies.  The Home News Tribune reported here, on the anticipated changes, which include mandatory training for legislators and staff, as well as a new procedure where complaints made under the policy may be made public under the Open Public Records Act.  » Read More

Jul 26, 2018

Annual Sexual Harassment Prevention Training Now Required in New York

While our news apps and smart phone feeds tell us about prominent individuals and “big businesses” that have been besieged by sexual misconduct allegations, we know that small and mid-sized businesses may be subject to substantial liability for the actions of their principals and employees.  » Read More

Jul 20, 2018

New Jersey Moves to Bar Confidentiality in Certain Settlements

Consistent with what appears to be a recent legislative trend throughout the country, New Jersey Senate Bill S121 would bar the use of confidentiality provisions in the settlement of certain discrimination and sexual harassment suits.  On June 7, 2018, this bill passed the Senate almost unanimously.  » Read More

Feb 23, 2018

Be Careful What You Say: Not Everything’s O.K.

The National Labor Relations Act (“NLRA”) makes it unlawful to terminate an employee who engages in concerted, protected activity, which generally means that you can say, object and complain, and offer suggestions to your employer without fear of termination of employment or other adverse actions so long as your conduct is in the mutual aid and protection of your co-employees and relates to the terms and conditions of employment.  » Read More

Jun 02, 2017

Is New Jersey Next In Line To Ban Questions About A Job Applicant’s Salary History?

Last month, at our breakfast seminar on DOL Hot Topics, I reported on ordinances adopted in New York City and Philadelphia, which prohibit employers from asking job applicants about their salary history. These laws seek to eliminate gender pay gaps and remove salary history from the job application process because of it’s propensity to perpetuate discriminatory pay practices primarily aimed at women. » Read More

May 03, 2017

EEOC’s Most Current Decision Digest is Available On-Line

The Equal Employment Opportunity Commission issued its Fiscal Year 2017, Volume 2 Digest of Equal Employment Opportunity Law, which can be found on the EEOC’s website here.

The decisions selected for inclusion in the Digest are catalogued based on the main topic or issues addressed, and there is a short summary of each decision provided.  » Read More

Mar 29, 2017

Jury Waiver And Arbitration Agreements Require Specificity

A recent New Jersey Appellate Division decision once again highlights the specificity required to enforce jury waivers or agreements to arbitrate employment disputes.  In Noren v. Heartland Payment Systems, Inc., ___ N.J. Super. (App. Div. 2017), Plaintiff signed an employment agreement containing a jury-waiver provision stating that the parties “irrevocably waive any right to trial by jury in any suit, action or proceeding under, in connection with or to enforce this Agreement.”  Plaintiff was subsequently terminated and filed suit against the Defendant employer for breach of contract and violation of New Jersey’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”).  » Read More

Jun 16, 2016

New Jersey Supreme Court Rules Employers Cannot Use a Private Agreement to Shorten the Two-Year Limitations Period for Filing an Action Under the NJLAD

In a case of first impression, the New Jersey Supreme Court in Rodriguez v. Raymours Furniture Company, Inc. Docket No. A-27-14 (June 15, 2016),  held that employers cannot shorten the limitations period for filing a claim under the New Jersey Law Against Discrimination (“NJLAD”) via private agreement.   » Read More