Sometimes the timing writes the headline for you. On October 31, a federal court in New Jersey decided a harassment case that involved an unforgettable Halloween costume and a reminder that bad taste is not always a legal violation. TL;DR: An employee alleged sexual harassment after a doctor made…
Articles Posted in New Jersey
Coming Soon: New Jersey’s Pay Transparency Rules Get Specific
If you read my earlier post, you already know New Jersey’s new pay transparency law is here. Now the Department of Labor has proposed regulations that explain exactly how to comply. TL;DR: The Transparency in Employment Listings Act is already in effect, and the state’s proposed regulations show employers what…
Five lessons for employers from a high-stakes performance review dispute
A performance review ended with a professor out of a job, and the employer defending itself in court. The problem? Remarks about maternity leave, inconsistent flexibility, and suspicious timing after a discrimination complaint. The appellate court said a jury should hear the case. TL;DR: A finance professor at a…
Retaliation Under State vs. Federal Law: Why Some States Might Give Employees an Edge
When it comes to workplace retaliation, the difference between winning and losing can hinge on whether you are in state court or federal court. A recent New Jersey appellate decision reinforces that state anti-discrimination laws may not just mirror federal law – in some ways, they can give employees broader…
Get Ready: New Jersey’s Pay Transparency Law Is Now in Effect
It’s here. As of June 1, 2025, employers with operations or applicants in New Jersey must comply with the New Jersey Pay and Benefit Transparency Act. This new law requires upfront pay transparency in job postings and mandates internal notice of most promotions. It applies more broadly than you might…
Let’s revisit Friday’s post about what state’s laws apply to a remote NJ worker’s employment claims
Back by popular demand. I see that Friday’s post threw some of you for a loop. Perhaps you were always told (or just assumed) that if your business has employees working from home in another state, then that state’s law would apply to some or all claims they may have…
Can out-of-state remote workers handpick the most favorable state employment laws for a lawsuit?
In the evolving landscape of remote work, many employees believe they are shielded by the laws of the state they reside in. However, a recent decision from the United States District Court for the District of New Jersey — of all places !!! — reveals a harsh reality: working remotely…
Blunt Reality: NJ cannabis users cannot sue over rescinded job offers
Think you can sue your employer for not hiring you because you tested positive for cannabis? Think again. The Third Circuit just made it clear that New Jersey’s recreational marijuana law does not provide job applicants with a private cause of action. The plaintiff, who applied for a job with…
New Jersey joins the club of states with pay transparency laws.
Sorry, 50 Cent, not that club. On Monday, New Jersey Governor Phil Murphy signed legislation (Senate Bill 2310) requiring certain businesses to disclose wage or salary information and description of benefits in job postings. Here are five things employers need to know about this new law: It covers private businesses…
Court to white plaintiff: diversity does not equal discrimination
An employer’s statements about a successful job candidate’s “minority status, the American Dream, and the value of diversity” were not enough to show that it discriminated against an unsuccessful white candidate, ruled a New Jersey federal court recently. The case involved two police officers who were interviewing to become the…