LexisNexis® Legal Newsroom
Is On-Call Time Compensable In New Jersey?

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 considered hours worked when employees are not...

Can I Successfully Sue My Employer In The Securities Industry In New Jersey For Defaming Me On A Form U-5?

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 acted with malice. Form U-5 (Uniform Termination...

New Jersey Enacts Statute Banning “Unemployed Need Not Apply” Job Advertisements

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. Specifically, on or about April 24, 2011, New...

Are My Business’s Workers In New Jersey Employees Or Independent Contractors For Purposes Of Overtime Pay And The Minimum Wage?

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 federal minimum wage of $7.25 per hour for all hours...

FINRA Arbitration Panel Awards $6.8 Million To Former Wells Fargo Broker Under New Jersey Whistleblower Law

On July 6, 2011, after an 11-day hearing, an arbitration panel of the Financial Industry Regulatory Authority, Inc. ("FINRA"), sitting in Philadelphia, Pennsylvania, awarded compensatory damages of $4,300,000 to broker Gregory P. Kipple ("the claimant broker," "the broker...

Discrimination Against the Unemployed Now Banned in New Jersey: Are More-Expansive Federal Protections Far Behind?

With unemployment continuing to skyrocket, the competition for jobs is stiff. There is an old adage that "you need a job to find another job." To the extent this adage is given credence by those making hiring decisions, it appears to reflect what may be viewed as a discriminatory animus...

Third Circuit: Disparate Impact of Newark, NJ’s Residency Requirement

In Meditz v. City of Newark (PDF) [ an enhanced version of this opinion is available to lexis.com subscribers ], the Third Circuit concluded that the City of Newark, New Jersey's residency requirement may have unlawful disparate impact on non-Hispanic white applicants. The case was brought Gregory...

Can My Business in New Jersey Fire an Employee Because of His Off-the-Job Conduct?

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 and may not discharge from employment or...

Appellate Division Holds That The New Jersey Law Against Discrimination Prohibits Workplace Harassment Based On Perceived Membership In A Protected Group

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 status, sexual orientation, genetic information,...

Password-Privacy Bill Approved by N.J. Assembly

The New Jersey Assembly passed that State's version of a password-privacy law yesterday by a vote of 77-0. The Bill, AB 2878 , is now sent to the State's Senate, reports NJ.com . Much like the Delaware Workplace Privacy Act , which currently is pending in the Delaware House of Representatives...

You Can Leave the Light On . . . But Be Sure to Log Out

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 of New Jersey public-school teachers. The District...

CA enacts workplace social media protections; NJ gets closer

Last week, CA became the third state to pass a law that bans employers from requesting online usernames and passwords from employees and job candidates. Maryland was the first state to pass such a law; Illinois was the second. As in the other two states, not only is it illegal to request online information...

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

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

New Law Requires Employers In New Jersey To Post Notices Of Workers’ Rights To Gender Parity In Pay

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 notices of workers' rights "to be free...

New Jersey Recognizes Same Sex Marriages - Why it Matters for Pennsylvania Employers

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 writing on the wall. He withdrew his appeal. Why...

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?

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 leave under the New Jersey Family Leave Act, N.J...

Must My Company In New Jersey Offer or Provide Health Insurance to Its Employees?

Whether a business in New Jersey must offer or provide health insurance to its employees depends on the number of workers that the business employs. In general: Employers in New Jersey with 50 or more employees must provide “minimum essential” health care coverage for employees who...

Jersey City, New Jersey Passes Law Mandating Paid Sick Leave For Workers

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,” or the “JCESTO”). Effective...

Newark, New Jersey Enacts Law Mandating Paid Sick Leave For Workers

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,” or the “NSLPEO”) . Effective May 29...

Four More New Jersey Municipalities Enact Laws Mandating Paid Sick Leave For Workers

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, the “Sick Leave Ordinances” or the “Ordinances”...

NJ Supreme Court: Whistleblower Law Protects Watchdog Employees Too

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 law? In case you missed it, earlier this...

Watchdog Employees May Sue Under New Jersey Whistleblower Law, Says State’s Highest Court

On July 15, 2015, in Lippman v. Ethicon, Inc. , Nos. A-65/66-13, 073324 (N.J. July 15, 2015), the New Jersey Supreme Court held that the protections of the New Jersey Conscientious Employee Protection Act, N.J.S.A. §§ 34:19-1 – 34:19-8 (“NJ CEPA” or “the Act”)...

What Are the Elements of a New Jersey Conscientious Employee Protection Act Claim?

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 in certain actions that the employees reasonably...

New Jersey Supreme Court Holds That an Employer Can Sue a Disloyal Employee To Clawback Salary Without Showing Economic Loss

by Jonathan Sokolowski In Kaye v. Rosefielde (A-93-13), the New Jersey Supreme Court recently held that an employer need not demonstrate that it suffered an economic loss in order to recoup the salary of a disloyal employee [subscribers can access an enhanced version of this opinion: lexis.com | Lexis...