New Jersey

The curious case of a high-speed ambulance-chasing whistleblower

January 3, 2012 | by Eric B. Meyer

But before I get to that, did you know that The Employer Handbook turns one today? It’s true. Help me blow out the candle — hey, kid! Save some for the rest of us.

Whatevs.

Just click through because I’ve got a crazazy one for you. It’s a true story about a police officer – slash – ambulance driver who started a high-speed ambulance chase to serve a restraining order on a co-worker’s ex-boyfriend and then…

Yeah, just hit the jump…

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One blueprint for requiring employees to arbitrate FMLA claims

December 20, 2011 | by Eric B. Meyer

A NJ court recently held that a business can force an employee to arbitrate FMLA claims — even if the arbitration agreement that the employee signs does not contain a specific FMLA waiver.

How does this all work?

Well, according to the NJ Superior Court in Flores-Galan v. J.P. Morgan Chase & Co., N.A., “an agreement to arbitrate statutory anti-discrimination claims must be specific enough to put the employee on notice of the claims encompassed.” However, “an arbitration clause need not specify every conceivable statute that it covers.”

Fact or Fiction: Courts recognize retaliation against ex-employees

December 14, 2011 | by Eric B. Meyer

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post”. So, let’s get right to today’s question:

Let’s say I have a former employee who files a charge of discrimination with the EEOC. If a potential new employer comes calling from a job reference and I…

give my former employee a bad reference;

Your [trade] secrets are safe with NJ…almost.

September 22, 2011 | by Eric B. Meyer

Raise your hand if your state has adopted a Uniform Trade Secrets Act — a law that affords companies an additional layer of protection by providing for civil remedies in cases of trade-secret theft by employees and others.

Not so fast, New Jersey.

Well, all that may be about to change. Details after the jump…

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Businesses rejoice! NJ adopts new overtime regulations.

September 14, 2011 | by Eric B. Meyer

By The Numbers: Employment laws by total employees

September 12, 2011 | by Eric B. Meyer

With so many employment laws out there, it’s not easy to keep track of what those laws say — let alone under which of them your business may be covered.

Well, who loves ya! After the jump, it’s employment laws by the numbers — number of employees that is — that your business must employ to be covered under certain specific federal employment laws. (I’ll even throw in a few extra state statutes for my PA/NJ/DE readers).

GREAT BIG DISCLAIMER: What you’ll find after the jump are the numerosity requirements for various federal laws. There are a slew of other legal hoops through which your business may need to jump. Be smart. Discuss them with an attorney.

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If Lady Gaga tweets your trade secret, is it still a trade secret?

August 29, 2011 | by Eric B. Meyer

In a matter of minutes, or even seconds, a single tweet may reach thousands or, possibly, millions of people. Now, just imagine if that tweet contained proprietary information. (You know, like if Lady Gaga tweeted the code to Microsoft Windows 7 to her millions of followers). Ummm…work with me here…

But, even in the days before Twitter, publishing content on a blog or a message board meant putting information out in the public domain for anyone — including a competitor — to view. What if that information was supposed to be confidential? Does a trade secret lose its legal trade-secret status if it is published on the internet? Find out the answer after the jump…

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Demystifying Federal and New Jersey Family Leave Laws

July 19, 2011 | by Eric B. Meyer

Folks, you are in for a treat today.

Today we have a guest blogger at The Employer Handbook. It’s Janette Levey Frisch. Janette is In-House Counsel at Joule, Inc. where she provides comprehensive legal representation and support to a staffing company with five subsidiaries throughout the East Coast. You can connect with Janette on Twitter here and on LinkedIn here.

And if you want to read a great piece about the interplay between the Family and Medical Leave Act and the New Jersey Family Leave Act, then hit the jump…

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Fact or Fiction: WARN applies to parents and affiliates

July 6, 2011 | by Eric B. Meyer

Welcome back to “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post”. Continue reading

An employer blueprint for how to screw up at-will employment

July 1, 2011 | by Eric B. Meyer

In most states, absent a contract of employment, an employee is considered at-will (i.e., he or she can be fired for any reason or no reason at all). Many employers reinforce — in very prominent locations in employee handbooks — that their employees are at-will.

What happens, however, when an employer later promises an employee that she can take 12 months of leave and then return to her job?

Can the employer later renege and rely upon the at-will employment doctrine as a basis not to reinstate? Or is the employer SOL? Find out, after the jump…

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