In these Summer months, it’s easy to relax a bit. For example, last weekend I spent Sunday morning sleeping off a fun Saturday night in the shade of a tree on my front lawn while my four kids played slip-and-slide in traffic on the front lawn too. Although, I did…
Articles Posted in New Jersey
NJ Supreme Court: Whistleblower law protects watchdog employees too
Can a person whose job is to ensure that the company follows a particular standard of care; i.e., a watchdog employee, bring an action against the company under New Jersey’s Conscientious Employee Protection Act (CEPA), the state’s whistleblower law? In case you missed it, earlier this month, the New Jersey Supreme Court answered…
Third Circuit Employment Law 101: Independent Contractor or Employee
Back when I first started this blog, when I believed that my blogging success would translate into Aston Martins and beach homes, rather than “Can you please email me a copy of your FMLA PowerPoint?”, I had a series of “Third Circuit Employment Law 101” posts. Well, I don’t think I’ve…
Noting “Health Reasons” on a termination form could indicate disability bias
Happy Monday, everyone. Glad to see I didn’t break some of your content filters on Friday with my filthy NLRB post. But, hey, just another day in the interesting life of an employment lawyer / HR professional, amirite? Today, I bring you a very simple lesson, courtesy of the Third Circuit Court…
Does a company invade an employee’s privacy by accessing personal texts on a work-issued iPad?
This “invasion of privacy” question is the lynchpin of a new lawsuit from two former employees of one of the largest beer companies in the world. The complaint (available here), which began in state court, has been removed to federal court in New Jersey. David Gialanella, reporting for the New Jersey…
1 slur + 1 knife to the testicles = 1 hostile work environment
My new blogging platform and email newsletter have their advantages, especially the newsletter. For example, when a daily post goes out to my blog email subscribers (and, if you haven’t subscribed yet, you can do that here), one of the analytics I can track is the most-clicked hyperlinks. Welp, in last week’s “Heil…
We now have an employee/independent contractor test in NJ for wage and hour
Oyez oyez. The New Joisy Supreme Court just fashioned a test to determine whether a worker is an employee or an independent contractor for purposes of resolving a wage-payment or wage-and-hour claim. And, shockingly, it doesn’t involve jughandles, diners, or Taylor Ham. (I live in NJ now, so I can…
NJ Gov. Christie vetoes bill to protect unemployed job hunters
A bill that would have made it illegal for New Jersey companies to refuse to hire a job candidate because of his/her employment status is dead for now. Find out why after the jump… * * * Last week, New Jersey banned the box. However, Bob Jordan at the Cherry…
NJ Gov. Christie signs ban-the-box legislation
Come January 1, most NJ employers will no longer be able to ask about an applicant’s criminal record during the initial employment application process. That’s right. Ban the box will be b-b-b-b-banned in the Garden State! More on the new law after the jump… * * * I mean, when…
Can a NJ company legally shorten the statute of limitations on employment claims?
Let’s assume that you operate a business in New Jersey. And you get to thinking: “What if we put a provision in our employment application, by which a job applicant waives the two-year statute of limitations applicable to most workplace claims and shortens the period for such claims to six…