Back by popular demand. I see that Friday’s post threw some of you for a loop. Perhaps you were always told (or just assumed) that if your business has employees working from home in another state, then that state’s law would apply to some or all claims they may have…
In the evolving landscape of remote work, many employees believe they are shielded by the laws of the state they reside in. However, a recent decision from the United States District Court for the District of New Jersey — of all places !!! — reveals a harsh reality: working remotely…
Think you can sue your employer for not hiring you because you tested positive for cannabis? Think again. The Third Circuit just made it clear that New Jersey’s recreational marijuana law does not provide job applicants with a private cause of action. The plaintiff, who applied for a job with…
Sorry, 50 Cent, not that club. On Monday, New Jersey Governor Phil Murphy signed legislation (Senate Bill 2310) requiring certain businesses to disclose wage or salary information and description of benefits in job postings. Here are five things employers need to know about this new law: It covers private businesses…
An employer’s statements about a successful job candidate’s “minority status, the American Dream, and the value of diversity” were not enough to show that it discriminated against an unsuccessful white candidate, ruled a New Jersey federal court recently. The case involved two police officers who were interviewing to become the…
It may be as easy as listing the essential functions of the job. I’ll give you an example. A national furniture retailer hired a Warehouse Associate to unload and receive inbound furniture orders. One would assume that the job requires moving heavy objects often. But you know what you get…
The New Jersey Supreme Court has weighed in not once but twice this month on important employment law issues. So, if you operate a business in the Garden State, I’ll bring you up to speed on that, plus some new pending legislation. (For the rest of you, have a nice…
Famartin, CC BY-SA 4.0, via Wikimedia Commons I read a recent NJ federal court decision where a plaintiff began working for the defendant in New Jersey but later requested and received a transfer to Pennsylvania. And that’s when things went awry. The plaintiff alleged that, at an operation leadership meeting,…
Last night, I read a NJ Appellate Division opinion about a plaintiff in his fifties who claimed his age motivated the defendant to end his employment. Spoiler alert: it didn’t. There were many reasons why the appellate court affirmed the trial court’s decision to grant summary judgment in favor of…
In February 2023, the State of New Jersey enacted a law that a federal judge described as “novel and landmark legislation aimed at protecting a ‘particularly vulnerable’ workforce from abusive labor practices.” It’s called the Temporary Workers’ Bill of Rights. The judge described the Act as “impos[ing] a variety of…