Tag Archives: new jersey
New Jersey Becomes the Latest Jurisdiction to Enact Ban on Salary History Inquiries
The push to eliminate inquiries into job applicants’ salary history continues, as New Jersey has enacted a statewide law that will restrict employers from obtaining and utilizing applicants’ salary history information during the hiring process. The new law, which will take effect on January 1, 2020, will make it an unlawful employment practice for any … Continue Reading
California Enacts Law Prohibiting Hairstyle Discrimination … with New York and New Jersey Close Behind
New Jersey Employees to Be Entitled to Pre-Tax Transportation Fringe Benefits
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
The 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
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
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
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
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
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
Governor Christie Conditionally Vetoes New Jersey’s Equal Pay Legislation
On May 2, 2016, Governor Chris Christie conditionally vetoed Bill S992, New Jersey’s equal pay bill. As discussed in our previous blog post, the bill passed in both houses of the New Jersey Legislature on March 14, 2016. For a more detailed discussion of the bill, please see our March 10, 2016 blog post. In … Continue Reading
New Jersey’s Proposed Equal Pay Legislation Passes in Both Houses
On March 14, 2016, the New Jersey Assembly passed Bill A2750, a legislation aimed at closing the gender wage gap. For a more detailed discussion of the bill, please see our March 10, 2016 blog post. After passing in both Houses, the bill is now being considered by the Governor. We will continue to monitor … Continue Reading
The New Jersey Senate Passes Proposed Equal Pay Legislation
On February 11, 2016, the New Jersey Senate passed Bill S992, which seeks to supplement New Jersey’s current equal pay law and amend the State’s Law Against Discrimination. As discussed in our previous blog post, similar laws went into effect in New York and California this year. On the Federal level, the EEOC announced in … Continue Reading
New Jersey Introduces Bill to Raise Minimum Wage to $15 per Hour by Constitutional Amendment
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
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
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
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
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
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
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
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
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
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
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
