Law and the Workplace

Tag Archives: new jersey

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

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

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

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

New Jersey’s Minimum Wage Rises to $8.38 in the New Year

Due to to an increase in the Consumer Price Index (CPI), New Jersey’s minimum wage will rise to $8.38 per hour starting January 1, 2015.  This is the second consecutive year that the state’s minimum wage will increase.  Per our prior client alert, last year New Jersey voters approved a constitutional amendment that increased the … Continue Reading

NJ Supreme Court to Rule on SOL Waiver

Last week, the New Jersey Supreme Court agreed to address whether to uphold a provision in a job application that limited the time in which an employee could sue the company to no more than 6 months after an alleged adverse employment action, notwithstanding a longer statute of limitations (in this case, the 2-year SOL … Continue Reading

Voters in Four Jurisdictions Pass Sick Leave Ballot Initiatives

The national sick leave trend continues to gain momentum as voters in Massachusetts, Trenton and Montclair, New Jersey, and Oakland, California approved ballot initiatives requiring employers within each jurisdiction to provide sick leave to their employees.  Similar laws already have taken effect in several jurisdictions across the country, including the States of Connecticut and California, … Continue Reading

NJ Supreme Court to Decide Whether LAD Protects Divorcing Employee

Last week, the New Jersey Supreme Court agreed to address whether the protection against marital status discrimination under the state’s Law Against Discrimination (LAD) serves to prevent an employer from discharging an employee “because of the anticipated effect of [the] employee’s imminent divorce on the workplace.”  As detailed in our monthly newsletter, the Appellate Division … Continue Reading

New Ebola Orders from NY and NJ Governors Provide Additional Relief for Employers

Employers in New York and New Jersey who were wondering whether to require employees returning from the three West African nations of Liberia, Sierra Leone and Guinea who had direct contact with a person with Ebola to stay home from work during the 21-day Ebola incubation period now do not have to make that decision. … Continue Reading

FCRA Preempts Tortious Interference Claim, Says NJ Court

The Fair Credit Reporting Act (FCRA)—a federal law that regulates the collection and use of “consumer information”—covers employers who solicit third-party vendors known as consumer reporting agencies (CRAs) to run background checks on applicants and employees.  The statute specifically contains a provision that bars state law claims against employers who “furnish information” to CRAs.  In … Continue Reading

Four More New Jersey Cities Enact Sick Leave Laws

Four New Jersey municipalities—Passaic, Paterson, Irvington, and East Orange—recently enacted  ordinances requiring employers to provide paid sick leave to their employees. The Ordinances will take effect in January 2015, or, for employees who are covered by a collective bargaining agreement, upon expiration of the CBA.  Similar laws already have taken effect in Newark and Jersey … Continue Reading

New Jersey Bans the Box for Private Employers

Governor Christie has signed The Opportunity to Compete Act, which takes effect March 1, 2015 and prevents many private employers in the State of New Jersey from asking prospective employees about their criminal history on the initial job application. In “banning the box” for private employment, New Jersey joins only a handful of states (Hawaii, Illinois, … Continue Reading

New Jersey Court Okays Provision in Job Application Reducing Statute of Limitations

In Rodriguez v. Raymours Furniture Co., Inc., No. A-4329-12T3, 2014 WL 2765273 (App. Div. June 19, 2014), New Jersey’s Appellate Division upheld a provision in a job application that limited the time in which an employee could sue the company to no more than six months after an alleged adverse employment action. This is the … Continue Reading

Newark Sick Leave Law Update

The Newark Department of Child and Family Well-Being (Department) recently issued a press release on the City’s new paid sick leave ordinance (Ordinance) together with FAQ forms for employees and employers. In the release, the Department appears to move the effective date of the Ordinance from May 29, 2014 to June 21, 2014. One of the requirements … Continue Reading

New Jersey Senate Approves Additional Protections for the Unemployed

On May 12, 2014, the New Jersey Senate approved a bill—S1440—that would strengthen existing protections for the State’s unemployed.  In 2011, New Jersey became the first jurisdiction in the country to limit discrimination against the unemployed by prohibiting job postings that state: (1) current employment is a necessary qualification for the position; (2) an applicant … Continue Reading

New Jersey Employers Must Display Two Updated Posters

The New Jersey Department of Labor and Workforce Development (“Department”) recently updated two of the posters that employers must conspicuously display in the workplace. The first updated poster—the New Jersey State Wage and Hour Law Abstract—reflects the increase in the state minimum wage to $8.25 per hour. The second updated poster concerning Unemployment and Disability … Continue Reading

Will New Jersey Raise the Minimum Wage for Tipped Workers?

On March 24, 2014, the New Jersey Assembly Labor Committee advanced a bill (A857) that, should it become law, would raise dramatically the state’s minimum wage for tipped workers.  Currently, New Jersey employees who receive tips or gratuities must be compensated at no less than the minimum federal tip credited hourly wage of $2.13.  Under … Continue Reading

Newark Follows Jersey City with Sick Leave Law

On January 29, 2014, the Mayor of Newark, New Jersey signed into law an Ordinance requiring employers to provide paid sick leave to their employees, effective May 29, 2014, or, for employees who are covered by a collective bargaining agreement (“CBA”), upon expiration of the current union contract. Similar laws have been enacted in the … Continue Reading

A Woolley Situation: District of New Jersey Refuses to Enforce Arbitration Clause in Employee Handbook

New Jersey employers should consider the risks of including an arbitration agreement in a standard employment handbook in light of a recent decision by the U.S. District Court for the District of New Jersey in Raymours Furniture Co., Inc. v. Rossi, No. 13-4440, 2014 U.S. Dist. LEXIS 1006 (D.N.J. Jan. 2, 2014). The court refused … Continue Reading

New Jersey Senate Considering Protections for Employees During States of Emergency

On the heels of one of the most difficult winters in recent memory, a recently-introduced bill (S1717) in the New Jersey Senate would protect employees from adverse actions due to absence from the workplace during a “state of emergency.” According to the bill, a “state of emergency” is a natural or man-made disaster or emergency … Continue Reading

New Jersey “Sandy” Law Preserves Employee Eligibility for Leave and Benefits

In the wake of Hurricane Sandy, Governor Christie signed a law making it easier for employees who are furloughed or laid off because of a “state of emergency” to meet eligibility requirements under New Jersey’s Family Leave Act or the Security and Financial Empowerment Act. Read this alert to learn more about the new law, … Continue Reading

New Jersey Expressly Protects Pregnancy, Requires Reasonable Accommodation

On January 21, 2014, Governor Chris Christie signed S2995 to amend New Jersey’s Law Against Discrimination (LAD) by expanding protections against discrimination for employees affected by pregnancy, effective immediately. The amendment makes pregnancy a protected characteristic under the LAD, expressly requires that an employer provide reasonable accommodation to an employee based upon pregnancy-related conditions when … Continue Reading

Jersey City Sick Leave Law and Notice/Poster Requirements Effective January 24, 2014

  On September 26, 2013, the Mayor of Jersey City, New Jersey, signed into law an Ordinance requiring employers to provide sick leave to their employees, effective January 24, 2014. Read this alert for details of the law’s posting and written notice requirements.   Read the full text of this alert.… Continue Reading

New Jersey Issues Forms to Acknowledge Receipt of Pay Equity Notice

As noted in our past client alerts, whenever this notice is distributed to an employee, the employer must include an acknowledgment that the employee has received it, and has read and understood its terms. The acknowledgment must be signed by the employee, in writing or by means of electronic verification, and returned to the employer … Continue Reading

New Jersey Issues Spanish Translation of New Pay Equity Notice to Post and Distribute

Proskauer recently issued a client alert on the release of New Jersey’s new pay equity notice in English. Now available on the New Jersey Department of Labor and Workforce Development Web site is the Spanish translation. As a reminder, covered employers must post and distribute the notice in English, Spanish, and any other language for which … Continue Reading
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