Law and the Workplace

Tag Archives: new jersey

New Jersey Employees to Be Entitled to Pre-Tax Transportation Fringe Benefits

By Allan Bloom, Laura Fant and Arielle E. Kobetz on Posted in Workplace Policies and Procedures
New Jersey will soon become the first state to require certain employers to offer employees tax-favored transportation benefits. S.B. 1567, also known as An Act Concerning Pre-Tax Transportation Fringe Benefits (the “Act”), will require New Jersey employers with 20 or more employees to offer employees the opportunity to make pre-tax elections from their gross pay … Continue Reading

Mandatory Employee Notice Issued for New Jersey Earned Sick Leave Law

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
Leave of absence formThe New Jersey Department of Labor and Workforce Development (the “Department”) has issued a mandatory employee notice regarding the NJ Earned Sick Leave Law, which goes into effect on October 29, 2018.  As we have previously reported, the Law will require employers to provide eligible employees with paid leave for their own medical needs, those … Continue Reading

Proposed Rules Issued for New Jersey Paid Sick Leave Act

By Evandro Gigante, Laura Fant and Maryssa Mataras on Posted in Accessibility & Accommodation, Leaves of Absences, Wage and Hour, Workplace Policies and Procedures
The New Jersey Department of Labor and Workforce Development has issued proposed rules for the recently enacted New Jersey paid sick leave act (the “Act”), which will take effect on October 29, 2018. The proposed rules will be subject to a 60-day public comment period. As we have previously reported, the Act will require employers … Continue Reading

New Jersey Enacts Statewide Paid Sick Leave Law

By Evandro Gigante, Laura Fant and Maryssa Mataras on Posted in Leaves of Absences, Workplace Policies and Procedures
New Jersey Governor Phil Murphy (D) has signed into law the New Jersey Paid Sick Leave Act (the “Act”), which will provide eligible employees with paid leave for their own medical needs, those of a family member, or other covered reasons. The Act will take effect on October 29, 2018. Covered Employers and Employees The … Continue Reading

New Jersey Governor Signs Sweeping Pay Equity Act Into Law

By Evandro Gigante, Laura Fant and Maryssa Mataras on Posted in Discrimination, Harassment and Retaliation, Wage and Hour, Workplace Policies and Procedures
As anticipated, New Jersey Governor Phil Murphy has signed into law the Diane B. Allen Pay Equity Act (the “Act”).  The Act will take effect on July 1, 2018, giving employers approximately two months to review their policies to ensure compliance. As we previously reported, the Act will, among other things, make it an unlawful … Continue Reading

New Jersey Legislature Passes New Pay Equity Bill

By Evandro Gigante, Laura Fant and Maryssa Mataras on Posted in Discrimination, Harassment and Retaliation, Wage and Hour, Workplace Policies and Procedures
The New Jersey state legislature has passed a new pay equity law which will, among other things, make it an unlawful employment practice to pay employees of any protected class under the New Jersey Law Against Discrimination (“LAD”) at a lesser rate than other employees who perform “substantially similar work” unless the differential is based … Continue Reading

New Jersey Enacts State Anti-Discrimination Protections for Breastfeeding

By Evandro Gigante and Laura Fant on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation
Newly enacted amendments to the New Jersey Law Against Discrimination (NJLAD) have expanded state anti-discrimination protections in the workplace, housing, and in public accommodations to include individuals who are breastfeeding or expressing milk.  The amendments also require employers to provide reasonable accommodation to breastfeeding employees.  The amendments took effect immediately upon signing by the Governor … Continue Reading

New Jersey Introduces Bill to Raise Minimum Wage to $15 per Hour by Constitutional Amendment

By Allan Bloom and Carolyn M. Dellatore on Posted in Wage and Hour
On February 11, 2016, New Jersey State Senate President Steven Sweeney, D-Gloucester, formally introduced legislation for a ballot referendum that would authorize an amendment to the New Jersey State Constitution to raise the state’s minimum wage to $15.00 per hour. Senator Sweeney was joined by State Sen. Shirley Turner, D-Mercer, and 17 additional co-sponsors in … Continue Reading

NJ Lawmakers Propose Legislation to Raise Minimum Wage To $15 Per Hour

By Allan Bloom and Carolyn M. Dellatore on Posted in Wage and Hour
Today in Trenton, New Jersey State Assembly Leader Vincent Prieto, Assemblyman John Wisniewski and State Senator Ray Lesniak proposed a bill to raise the state minimum wage from $8.38 to $15 for all New Jersey workers.  New Jersey’s minimum wage was last raised by Constitutional Amendment in 2014, with a mandate for an automatic yearly increase … Continue Reading

2015 Year in Review—the Top 10 Trends in New Jersey Employment Law

By Joseph O’Keefe, Catherine Pontoriero and Esther Pak on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Litigation and Arbitration, Wage and Hour, Whistleblower
In 2015, there were important developments in New Jersey employment law. This newsletter examines some of those developments in ten key areas— background checks, whistleblowing, paid sick leave, wage and hour, Law Against Discrimination (“LAD”) litigation, arbitration, workplace injury, “Faithless Servant” Doctrine, Family Medical Leave Act, and Title VII of the Civil Rights Act of … Continue Reading

New Brunswick Passes Local Sick Leave Ordinance, While New Jersey Legislature Considers Statewide Paid Leave Bills

By Joseph O’Keefe and Allison Martin on Posted in Leaves of Absences
As 2015 comes to a close, paid sick leave remains a hot issue in New Jersey. The City of New Brunswick recently became the eleventh municipality in New Jersey to mandate paid sick leave, but will be the first city in the state to specify that leave may be used for purposes related to domestic … Continue Reading

Elizabeth Poised to Become the Tenth Municipality in New Jersey to Mandate Paid Sick Leave

By Joseph O’Keefe and Allison Martin on Posted in Litigation and Arbitration, Workplace Policies and Procedures
Voters in Elizabeth, New Jersey overwhelmingly approved a public question on the ballot requiring private-sector employers in the city to provide paid sick leave to their employees.  Elizabeth follows the lead of multiple jurisdictions (state and local) that have adopted similar measures across the country, including the following municipalities in New Jersey:  Jersey City, Newark, … Continue Reading

Jersey City, New Jersey Expands Paid Sick Leave

By Katharine Parker and Allison Martin on Posted in Leaves of Absences, Workplace Policies and Procedures
The Jersey City Council voted to expand the scope of the City’s existing sick leave ordinance yesterday.  Under the Ordinance as amended, employers with less than 10 employees now will be required to provide employees with up to 24 hours of paid sick leave and up to 16 hours of unpaid sick leave per year.  … Continue Reading

NJ Businesses and Lawmakers Continue Debate over Municipal Sick Leave Laws

By Joseph O’Keefe, Daniel Saperstein and Kelly Anne Targett on Posted in Leaves of Absences, Litigation and Arbitration, Workplace Policies and Procedures
Controversy continues to stir over the growing number of municipal sick leave laws in the State of New Jersey.  To date, nine such localities—Bloomfield, East Orange, Irvington, Jersey City, Montclair, Newark, Passaic, Paterson and Trenton— have required employers to provide paid sick leave to their employees.  No other state in the nation has anywhere near … Continue Reading

Sick Leave Trend Continues in New Jersey, Constitutional Challenge Begins

By Joseph O’Keefe and Daniel Saperstein on Posted in Leaves of Absences, Workplace Policies and Procedures
This week Bloomfield became the ninth locality in the State of New Jersey to require employers to provide sick leave to their employees, joining Jersey City, Newark, Passaic, East Orange, Paterson, Irvington, Trenton, and Montclair. Bloomfield’s new law is quite similar to the other sick leave laws in New Jersey.  Employers in the city with … Continue Reading

NJ “Ban the Box” Law Takes Effect, “Draft Rule” Proposed

By Joseph O’Keefe and Daniel Saperstein on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
New Jersey’s so-called “ban the box” law took effect on March 1, preventing most employers in the State from asking about a prospective employee’s criminal history on the initial job application and until after the first interview of the candidate has taken place.  For more on the new law, please review our prior client alert. … Continue Reading

N.J. High Court Adopts Faragher-Ellerth Defense for LAD Sexual Harassment Claims

By Joseph O’Keefe, Daniel Saperstein and Nicholas M. Tamburri on Posted in Discrimination, Harassment and Retaliation, Litigation and Arbitration, Workplace Policies and Procedures
Last week, in Aguas v. New Jersey, No. A-35-13 (Feb. 11, 2015), New Jersey’s high court for the first time embraced the federal Faragher-Ellerth defense for claims alleging vicarious liability for supervisory sexual harassment under New Jersey’s Law Against Discrimination (“LAD”). Under the Faragher-Ellerth analysis—which the U.S. Supreme Court crafted almost two decades ago—an employer may … Continue Reading

NJ Supreme Court Hears Argument on Whether Disgorgement of Employee’s Salary Requires Economic Damages

By Joseph O’Keefe, Daniel Saperstein and Ian Plummer on Posted in Litigation and Arbitration, Wage and Hour
In Kaye v. Rosefielde, a case alleging fraud and malpractice against a former general counsel, the New Jersey Supreme Court recently heard oral arguments on whether the Appellate Division erred in affirming that economic damages are a necessary prerequisite for disgorgement of the general counsel’s salary.  The appellants have argued to the contrary that disgorgement … Continue Reading

NJ Supreme Court Considers Remittitur of Emotional Distress Award in Race Discrimination Case

By Joseph O’Keefe, Daniel Saperstein and Ian Plummer on Posted in Discrimination, Harassment and Retaliation, Litigation and Arbitration
The New Jersey Supreme Court has agreed to address whether a trial court erred in denying remittitur on a whopping $1.4 million award for emotional distress damages in a racial discrimination suit brought under the Law Against Discrimination.  The defendants had argued before the trial court and the appellate division that the award “shocks the … Continue Reading

NJ Supreme Court Clarifies Independent Contractor Standard under State Wage Laws

By Guy Brenner and Daniel Saperstein on Posted in Independent Contractor, Wage and Hour, Workplace Policies and Procedures
Last week, New Jersey’s highest court ruled in Hargrove v. Sleepy’s, LLC, No. A-70-12 (Jan. 14, 2015), that the so-called “ABC test” applies when determining whether a worker is an employee or independent contractor under the New Jersey Wage Payment Law (“WPL”) and Wage & Hour Law (“WHL”).  That test presumes an individual is an employee … Continue Reading

The Top 10 Trends in New Jersey Employment Law in 2014

By John Barry, Joseph O’Keefe, Daniel Saperstein and Matthew Engel on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Hiring/Background Checks, Leaves of Absences, Litigation and Arbitration, Performance Management, Discipline & Termination, Wage and Hour, Workplace Policies and Procedures
2014 was another busy year for developments in New Jersey employment law, including in ten key areas—whistleblowing, pre-employment inquiries/background checks, amendments to the Law Against Discrimination (“LAD”), LAD litigation, wage and hour, the Family Medical Leave Act, sick leave, states of emergency, arbitration, and “unemployment discrimination.”  Read our Top 10 newsletter to learn more about … Continue Reading
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