Under New Jersey law it is unlawful for an employer to harass an employee because she belongs to a legally-protected category, such as because of her gender, age, race or disability. But the law does not necessarily prohibit a boss from bullying or indiscriminately harassing other employees. Nonetheless, earlier this…
Arbitration is widely considered to be less favorable to employees and more favorable to businesses than jury trials. As a result, many employers require their employees to sign arbitration agreements as a condition of getting hired or keeping their jobs. In other words, employers try to force employees to give…
New Jersey’s Appellate Division recently recognized that a transfer to a less desirable job can be actionable retaliation in violation of the state’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”). Jeffrey Scozzafava worked as a detective in the Somerset County Prosecutor’s Office as an instructor and trainer in the…
The New Jersey Law Against Discrimination (“LAD”) prohibits discrimination in the workplace. But does it protect employees who work for New Jersey companies remotely, such as telecommuters? A recent ruling by New Jersey’s Appellate Division makes it clear that an employee does not have to physically live or work in…
New Sick Leave Requirements Earlier this month, Governor Phil Murphy signed an important new employment law that requires employers to provide paid sick leave to their employees. Specifically, New Jersey’s new paid sick leave law requires employers to provide most employees one hour of paid sick leave for every 30…
Governor Murphy signed into law on April 24, 2018 a law known as the Diane B. Allen Equal Pay Act. It amends the New Jersey Law Against Discrimination (“LAD”) to expand and strengthen the rights of employees to be paid equally for their work without regard to their gender, pregnancy,…
Last week, the United States Supreme Court issued an interesting ruling in an employment law case that impacts the statute of limitations. By way of background, when a case is filed in (or removed to) federal court based on the fact that the plaintiff has asserted a federal claim, the…
Last month, Governor Christie signed into law an amendment to the New Jersey Opportunity to Compete Act (“OTCA”). The OTCA, more commonly known as the “ban-the-box” law, restricts employers from inquiring about a job candidate’s criminal record during the initial job application process. The amendment to the OTCA went into…
Last week, the New Jersey Law Against Discrimination (“LAD”) was expanded to prohibit discrimination and harassment on the basis of breastfeeding and to require employers to provide certain reasonable accommodations for nursing. The LAD is New Jersey’s anti-discrimination law. It prohibits discrimination and harassment based on age, color, disability, gender…
The Third Circuit Court of Appeals recently ruled that the Fair Labor Standards Act (“FLSA”) requires employers to pay employees for breaks during the workday that are no longer than 20 minutes long. American Future Systems, which does business as Progressive Business Publications, publishes and sells business publications. Progressive pays…