New Jersey made it easier for employers to comply with displaying official posters from the New Jersey Division on Civil Rights (DCR). As of August 1, 2022, New Jersey employers have more ways to comply with posting requirements relating to the New Jersey Law Against Discrimination (NJLAD) and Family Leave…
If a tree falls in the forest and no one is around to hear it, does it make a sound? I don’t intend this blog post to answer that question specifically. However, there is an employment law analogy that I will address today. Plaintiffs alleging they suffered a hostile work…
Some of the tenets of good HR compliance include documenting and communicating performance issues and taking additional formal steps to alleviate them. If those steps fail, the employer can proceed with termination, being sure to document the reasons supporting the final decision. A 65-year-old client manager sued his employer, an…
Back in March 2019, the State of New Jersey passed a law that makes any non-disclosure provisions in an employment contract or settlement agreement that have the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment unenforceable against a current or former employee…
This case involves a plaintiff who worked as a part-time bartender who worked for a bar in New Jersey. She claimed that her supervisor created a hostile work environment by calling the plaintiff names “used to describe a person with an oversized posterior.” (The court deemed it unnecessary to identify…
For one of the most employee-friendly states in the country, the current state of play in New Jersey for restrictive covenant agreements like non-competes and non-solicits is employer-friendly. Although your mileage may vary by judge, most will enforce reasonable contracts of up to two years with a geographical footprint that…
If you operate a business in a state that has a family and medical leave law, be careful when that state law does not overlap precisely with the Family and Medical Leave Act. For example, in New Jersey, a/k/a the California of the East, an employee can get job-protected leave…
Did you happen to catch my friend Jon Hyman’s blog post about employers who surreptitiously install tracking software on electronic devices to monitor their employees? Your mileage may vary as to whether it’s good for business. In some states, it may be downright illegal. For example, last month New Jersey…
If, like me, you’ve always wondered whether the Federal Arbitration Act (FAA) preempts a 2019 amendment to New Jersey’s Law Against Discrimination (LAD) that prohibits the waiver of procedural and substantive rights under the LAD, try to remain calm. I’m about to blow the lid off this jawn. (The rest…
Famartin, CC BY-SA 4.0, via Wikimedia Commons Earlier this week, Governor Phil Murphy announced that he had signed A681 into law, which expands the scope of the Law Against Discrimination (LAD) — already one of the most comprehensive anti-discrimination laws in the country — by providing protections against age discrimination…