Articles Posted in New Jersey

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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 Hitler” post, the most popular links were the two that were marked NSFW. That means NOT SAFE FOR WORK. To put this into better perspective, there were three times as many clicks on the NSFW links as there were to the link to the Fifth Circuit opinion I address. Although my analytics don’t literally say it, I will: you guys are hella-twisted.

But, hella-twisted or not, you’re still the best readers on the planet.

Hey, maybe we can just blame those clicks on the plaintiffs’ lawyers who read this blog. (Don’t worry. I love you too. Just not nearly as much). But, I’ll tell you what. One of ’em came through big time by forwarding me a copy of this opinion, which is a great juxtaposition *** Googles “juxtaposition” — nailed it! *** to what I wrote last week about how no reasonable person would construe a single “Heil Hitler” comment from a manager as creating a hostile work environment. Continue reading

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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 say that stuff and get away with it).

I’ve got all the details after the jump…

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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 months?”

Would that be enforceable?

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Many cities in the Mid-Atlantic region (Philadelphia, Newark) have passed legislation that makes it illegal for employers to inquire about criminal history early on in the job application / interview process. The State of Delaware too has passed this so-called “ban the box” rule.

Last week, a New Jersey Senate Committee recommended passage of ban-the-box legislation in the Garden State.

Under the proposed NJ law, an employer may not inquire (orally or in writing) regarding an applicant’s criminal record during the initial employment application process. Although after the initial application process has concluded, then this information would be fair game.

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I was on such a roll this week. 

You guys were digging the heck out of my peeing in the breakroom post, David Crosby the alcoholic, and the one about a supervisor offering cash to sleep with an employee’s wife.

You know who even read that last one? Scan down to the blog comments. Yep, that’s a comment from the plaintiff himself. OMG!!!

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Three years at this blog without discussing mohawk hairstyles in the workplace. Now, two posts in one week. Which reminds me of the time I dressed up as BA Baracus for Halloween in law school

Ah, yes. That mohawk….and BA’s fear of flying. Ties right into today’s post.

(I love it when a plan comes together)

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Thumbnail image for nj.jpgI blogged about it here back in October. My epic Lil’ Za Halloween costume. Both the NJ House and Senate had proposed legislation whereby a female employee affected by pregnancy could not be treated worse than other non-pregnant co-workers, but similar in their ability or inability to work.

Well, now, it’s the law, son! Under the new law, which Governor Chris Christie (R) signed on Tuesday, employers must provide reasonable accommodation to pregnant employees that will allow them to maintain a healthy pregnancy, or who need a reasonable accommodation while recovering from childbirth. Examples include bathroom breaks, breaks for increased water intake, periodic rest, assistance with manual labor, job restructuring or modified work schedules, and temporary transfers to less strenuous or hazardous work. An employer can avoid accommodation if it can establish that doing so would cause it undue hardship.

The new law takes effect immediately.

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On Election Day, NJ voters approved a constitutional amendment increasing the state’s minimum wage by $1, from $7.25 to $8.25. The new wage rate will take effect on January 1, and future increases will be tied to inflation.

Governor Chris Christie, who was re-elected on Tuesday had opposed the increase, claiming that the state’s economy would have a difficult time withstanding the increase.

New Jersey becomes the 20th state to establish a minimum wage higher than the federal minimum of $7.25.

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