New Jersey

NJ victims of domestic violence, sexual assault can now get leave from work

July 19, 2013 | by Eric B. Meyer

Yesterday, the “New Jersey Security and Financial Empowerment Act,” also known as the “NJ SAFE Act” was passed. I had a long day yesterday. So, rather than summarize the NJ SAFE Act myself, I’m going to lean on Trish Graber of PolitickerNJ to do it for me here:

“NJ SAFE Act” would provide 20 days of unpaid leave time to an employee who is the victim of domestic violence or sexual assault or whose parent, child, spouse, or civil partner was the victim. The leave could be taken within one year of the incident, and used intermittently in intervals of no less than one day. Provided that the employee has not exhausted the allotted 20 days for the 12-month period, each violent incident would constitute a separate incident for which a victim is entitled to unpaid leave.

Only business that employ 25 or more employees need comply with NJ SAFE Act. Those employees who have worked for the same employer for at least one year and have logged 1,000 base hours during the immediately preceding 12-month period are eligible.

3d Cir: Obama NLRB recess appointments (Becker too) were unconstitutional

May 16, 2013 | by Eric B. Meyer

In a 2-1 decision issued today (copy here), the Third Circuit Court of Appeals ruled that the National Labor Relations Board lacked the authority to act as early as March 2010, when President Obama appointed Craig Becker to the Board. The Third Circuit held that Member Becker’s appointment to the Board while the Senate was on an intrasession recess (a break within a session of the Senate) was unconstitutional. Implicit in the court’s decision is that the appointments of Members Block, Griffin, Flynn in 2013, while the Senate held pro-forma sessions, were also invalid.

The Third Circuit ruled that recess appointments are only valid if made during intersession breaks (i.e., between sessions of the Senate).

This decision is crazy-long (102 pages plus a 55 page dissent). Thankfully, my Dilworth Paxson colleagues, Erin Galbally and Marjorie Obod prepared an e-alert summarizing the decision.

NJ Gov. Christie vetoes proposed workplace social media law

May 8, 2013 | by Eric B. Meyer

You see, employment-law dorks like me use tools like these to monitor the status of pending employment-law-related bills. And, yesterday, I got a hit informing me that, on Monday, Governor Christie conditionally vetoed this proposed NJ bill, which would prohibit employers from requiring employees and candidates for disclosing online usernames and passwords.

Savador Rizzo at The Star-Ledger summarized Gov. Christie’s reasons for vetoing the bill here:

Christie said that he supports safeguarding “the privacy of job candidates and employees from overly aggressive invasions by employers” but that he wants to see stronger protections for businesses. For example, the governor said aggrieved workers should go to the state labor commissioner with their complaints instead of being able to file lawsuits in state court.

Four ways to successfully defend an Equal Pay Act claim

April 15, 2013 | by Eric B. Meyer

This blog is nearly 2 1/2 years old and we have our first Equal Pay Act post. The Equal Pay Act requires equal pay for equal work on jobs the performance of which require equal skill, effort, and responsibility, and which are performed under similar working conditions. Any wage discrimination on the basis of sex violates the Act.

The EEOC celebrated “Equal Pay Day” last week. So, now is as good a time as any to address the Act through this recent case from the Third Circuit Court of Appeals.

In Puchakjian v. Township of Winslow, Deborah Puchakjian filled a Municipal Clerk vacancy within the Township of Winslow which came about a result of the retirement of the male incumbent. His salary at retirement was $85,515; Ms. Puchakijan’s salary to replace him was $55,000.

Tips from Facebook on getting discovery of a plaintiff’s Facebook page

April 2, 2013 | by Eric B. Meyer

I’m a little late to the game on this case (Gatto v. United Airlines). It’s about a personal injury case in which the defendant sought discovery of a the plaintiff’s Facebook page. Yadda, yadda, yadda, plaintiff deletes his Facebook page and the court sanctions the plaintiff.

But here’s the part I like:

While Facebook did respond to the subpoena served upon it, Facebook objected to providing certain information related to Plaintiff’s account due to concerns regarding the Federal Stored Communications Act. Facebook instead recommended that the account holder download the entire contents of the account as an alternative method for obtaining the information. Defendants allege that this issue was discussed with the Court during a telephone status conference on January 6, 2012, where Plaintiff’s counsel advised that he would be willing to download the account information and provide a copy to the parties. Defendants allegedly agreed to Plaintiff’s proposal, with the condition that Plaintiff would also provide a certification that the data was not modified or edited since the December 1, 2011 settlement conference.

100% pure settlement offer? If not, it may be ADMISSIBLE … AT … TRIAL!

March 12, 2013 | by Eric B. Meyer

Most parties (and their attorneys) expect that settlement communications are not admissible at trial. There’s even a federal rule of evidence on this subject. However, a federal court recently recognized an exception. But, with all due respect to the United States District Court for the District of New Jersey, the opinion is a little dry.

So, after the jump, I spiffed it up a bit — Point Break style, brah — with a few takeaways for practicing attorneys.

This is your wake-up call.

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Court ok’s firing teacher who called students ‘future criminals’ on Facebook

January 17, 2013 | by Eric B. Meyer

Jennifer O’Brien has a master’s degree in education and certifications as an elementary school teacher and supervisor.

All that education and no common sense.

You’ll see what I mean after the jump. It’s what we wordsmiths call a s&!*storm of a clusterf#%k.

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Salty about Sandy: 20 Hurricane tweets from your employees

October 30, 2012 | by Eric B. Meyer

Hurricane Sandy: Day 2

To my east-coasters, I hope this post finds you safe and dry.

Me? Hey, thanks for asking. Our Philly home kept power throughout and we otherwise made it through unscathed. Still, Philadelphia remains in a state of emergency. The City is essentially shut down. Most of the major surrounding highways have been off-limits. And, for a second day in a row, for the safety of the drivers and the riders, there is no public transportation in the City.

That means that local businesses too opted to close on Monday, and remain closed on Tuesday. Well, most of them.

To the chagrin of some employees affected by the Hurricane, they had to work. And they have vented on Twitter.

(Insert obligatory Hurricane #Sandy and/or “do I have to go to school or work today” status here).

— Chris Schurz (@ChrisSchurz) October 29, 2012

After the jump, what your employees tweeted about working (or, maybe, not so much) during Hurricane Sandy…

[Don’t shoot the messenger]

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New equal-rights rules for NJ employers take effect next month

October 25, 2012 | by Eric B. Meyer

I’d better remember to post this now before I get bitten and turn into a zombie and munch on your face..

[Note to self: Less of “The Walking Dead,” more sleep].

On November 19, 2012, this new law will take effect in NJ, which will require employers of 50 or more employees (zombies not included) to notify their workforce about “the right to be free of gender inequity or bias in pay, compensation, benefits or other terms or conditions of employment under the ‘Law Against Discrimination.”

Psst…there’s a hella-good new blog for HR and employment law

October 12, 2012 | by Eric B. Meyer

Janette Levey Frisch, In-House Counsel at Joule, Inc., has guest-blogged here before (here and here). As you know from her posts here, she is a fantastic employment lawyer. Now you can reap more of the benefits by checking out her brand new employment-law blog: The Emplawyerologist (http://theemplawyerologist.wordpress.com/).

Welcome Janette!