Let’s say you operate a business in NJ. Your disabled employee comes to you requesting an accommodation for his disability. Does the mere failure to provide that accommodation trigger a claim under the New Jersey Law Against Discrimination (NJLAD)? What about under the Americans with Disabilities Act (ADA)? I…
Articles Posted in New Jersey
The so-called “privacy” of employee emails
Humblebrag alert. Reporters call me all the time. It’s a wonder that I can get any work done. Why, just last week, I was speaking to a reporter about an action recently initiated by current and former employees of the FDA, alleging that the agency unlawfully monitored their private emails.…
NJ officially adopts the Trade Secrets Act
As reported here in September, the State of New Jersey was recommending passage of the New Jersey Trade Secrets Act. Well, welcome to the party, pal. (Or is it Powell?). Last week, NJ became the 47th state to adopt a version of the uniform trade secrets act as Governor Christie signed…
Is it whistleblowing when your job is to report violations of the law?
That is the question that a former Starbucks employee is asking the NJ Supreme Court to answer. More on this case and what it could mean for actions asserted under NJ’s Conscientious Employee Protection Act (CEPA) after the jump… * * * *** No Snow White here. And if…
The curious case of a high-speed ambulance-chasing whistleblower
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…
One blueprint for requiring employees to arbitrate FMLA claims
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.…
Fact or Fiction: Courts recognize retaliation against ex-employees
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…
Your [trade] secrets are safe with NJ…almost.
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…
Businesses rejoice! NJ adopts new overtime regulations.
By The Numbers: Employment laws by total employees
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 —…