The past year saw many significant developments in the area of labor and employment law at all levels of government. Simply by way of example, new legislation imposed additional obligations on employers that operate in New Jersey and New York; federal Courts of Appeals “clarified” standards applicable to workplace discrimination claims; and under the Trump … Continue Reading
On July 15, 2015, the New Jersey Supreme Court settled the debate over whether employees who are responsible for monitoring and reporting employer compliance may seek whistleblower protection under New Jersey’s Conscientious Employee Protection Act, N.J.S.A. § 34:19-1 et seq. (“CEPA”), and if so, under what circumstances. Ultimately, the court in Lippman v. Ethicon held … Continue Reading
Employers operating in New Jersey must now “conspicuously post” the attached gender equity poster in a place accessible to their New Jersey employees. Employers can satisfy this requirement by posting the notice on a company internet/intranet site for exclusive use by employees and accessible to all employees. In addition, employers must provide their employees with … Continue Reading
Though it has long been a common practice for in-house counsel to respond to routine (and not so routine) demand letters, a recent New Jersey District Court decision should cause in-house counsel serious concern when doing so in the future. In Bourhill v. Sprint Nextel Corp., the Court allowed into evidence a portion of a letter written by an in-house attorney, prior to the action’s commencement, explaining why counsel’s position was factually meritless, but offering to entertain counsel’s invitation to resolve the matter so as to avoid litigation (the Court opinion is attached for your convenience). And this decision affects in-house counsel’s exchanges not only in the employment context, but also extends to all litigation.… Continue Reading
New Jersey Governor Chris Christie recently signed into law Assembly Bill No. 2647. This bill requires New Jersey employers with 50 or more employees (total number employed – not just in New Jersey) to post a notice informing employees of their "right to be free from gender inequity or bias in pay, compensation, benefits or other terms or conditions of employment" under New Jersey’s Law Against Discrimination (NJLAD) and other state antidiscrimination statutes. … Continue Reading
On November 18, 2012, companies doing business in Newark, N.J., that employ five or more workers will be prohibited from conducting criminal background checks before or during the job application process.… Continue Reading
New Jersey may become the 8th state to prohibit the use of credit checks in the employment process. Employers, particularly those with multi-state operations, need to review their current background check procedures and make sure that they are consistent with the ever-changing laws governing job applicants and employees.
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