Labor and Employment Law

Recent Posts

An Employee of My New Jersey Company Took a Lot of Leave Last Year. Is He Eligible Now for New Jersey Family Leave Act Leave?
Posted on 2 Dec 2013 by David S. Rich

Because it is unsettled who — the employer or, instead, the employee — bears the burden of showing that an employee has worked the 1,000 base hours, during the immediately preceding twelve-month period, that render the employee eligible for... Read More

New Jersey Recognizes Same Sex Marriages - Why it Matters for Pennsylvania Employers
Posted on 22 Oct 2013 by Philip Miles

On Monday, New Jersey became the fourteenth state to allow same sex marriages .A trial court ordered that such marriages would begin on Monday. Governor Christie appealed to the state Supreme Court, but after a an adverse preliminary ruling he saw the... Read More

Can I Successfully Sue My Employer In The Securities Industry In New Jersey For Defaming Me On A Form U-5?
Posted on 14 Apr 2011 by David S. Rich

To successfully sue a brokerage firm or other former employer in the securities industry in New Jersey for defaming him or her on a Form U-5, a broker or other registered employee must prove the usual elements of defamation, plus that the former employer... Read More

Can My Business in New Jersey Fire an Employee Because of His Off-the-Job Conduct?
Posted on 2 Jan 2012 by David S. Rich

With certain exceptions, a business in New Jersey may fire or refuse to hire a person because of his or her lawful, off-duty, political or recreational activities. Specifically, in New Jersey , employers may not refuse to hire or employ any individual... Read More

Is On-Call Time Compensable In New Jersey?
Posted on 14 Feb 2011 by David S. Rich

In New Jersey, on-call time is considered hours worked when calls are so frequent or the on-call conditions so restrictive that the employees are not really free to use the intervening periods effectively for their own benefit. On-call time is not... Read More

You Can Leave the Light On . . . But Be Sure to Log Out
Posted on 1 Aug 2012 by Margaret (Molly) DiBianca

You can, according to Joe Cocker, leave a light on. But, if you want a second opinion, I'd suggest that you be sure you log out before you leave the computer room. The case of discussion in today's post, Marcus v. Rogers , was brought by a group... Read More

Are My Business’s Workers In New Jersey Employees Or Independent Contractors For Purposes Of Overtime Pay And The Minimum Wage?
Posted on 20 May 2011 by David S. Rich

The federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201-219 (the "FLSA"), and its corresponding regulations, 29 C.F.R. § 510 et seq. , require nearly all employers to pay most employees not less than the... Read More

New Jersey Enacts Statute Banning “Unemployed Need Not Apply” Job Advertisements
Posted on 10 May 2011 by David S. Rich

Effective June 1, 2011, a new statute in New Jersey prohibits businesses from excluding unemployed individuals in advertisements for job vacancies. The new statute does not require companies in New Jersey actually to consider hiring the unemployed... Read More

New Law Requires Employers In New Jersey To Post Notices Of Workers’ Rights To Gender Parity In Pay
Posted on 19 Nov 2012 by David S. Rich

On September 21, 2012, New Jersey Governor Chris Christie signed into law a statute, N.J. State Assembly Bill No. A2647 , N.J. State Senate Bill S1930 , requiring New Jersey employers with 50 or more employees to post in the workplace and to provide... Read More

Appellate Division Holds That The New Jersey Law Against Discrimination Prohibits Workplace Harassment Based On Perceived Membership In A Protected Group
Posted on 7 Jun 2012 by David S. Rich

The New Jersey Law Against Discrimination, N.J.S.A. §§ 10:5-1 - 10:5-30 (the "NJLAD"), prohibits employers, because of the race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership... Read More

Four More New Jersey Municipalities Enact Laws Mandating Paid Sick Leave For Workers
Posted on 2 Dec 2014 by David S. Rich

In September 2014, the respective Mayors of four municipalities in New Jersey — the Cities of East Orange, Passaic, and Paterson and the Township of Irvington — signed into law paid sick leave ordinances for private employees (collectively... Read More

Jersey City, New Jersey Passes Law Mandating Paid Sick Leave For Workers
Posted on 13 Feb 2014 by David S. Rich

On October 21, 2013, Jersey City Mayor Steve Fulop signed into law the Jersey City Earned Sick Time Ordinance, Ordinance 13.097 (the “Jersey City Earned Sick Time Ordinance,” the “Earned Sick Time Ordinance,” the “Ordinance... Read More

Newark, New Jersey Enacts Law Mandating Paid Sick Leave For Workers
Posted on 28 Apr 2014 by David S. Rich

On January 29, 2014, Newark Mayor Luis Quintana signed into law the Newark Sick Leave for Private Employees Ordinance , Ordinance 13-2010 (the “Newark Sick Leave Ordinance,” the “Sick Leave Ordinance,” the “Ordinance,”... Read More

What Are the Elements of a New Jersey Conscientious Employee Protection Act Claim?
Posted on 26 Oct 2015 by David S. Rich

The New Jersey Conscientious Employee Protection Act, N.J.S.A. §§ 34:19-1 – 34:19-8 (“NJ CEPA”), prohibits all public and private employers from retaliating against employees who disclose, object to, or refuse to participate... Read More

NJ Supreme Court: Whistleblower Law Protects Watchdog Employees Too
Posted on 31 Jul 2015 by Eric Meyer

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... Read More