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Articles Posted in New Jersey

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New Jersey created something called a “Temporary Workers’ Bill of Rights.” What is it?

Last week, Governor New Jersey Phil Murphy’s office announced “a significant step for vulnerable workers in New Jersey” when the Governor signed A1474/S511, commonly referred to as the “Temporary Workers’ Bill of Rights.” Here is a summary of some of the key provisions from the press release: In an effort…

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New Jersey’s Mini-WARN Act hecka-employee-friendly amendments start on April 10, 2023

In December, I warned you that New Jersey’s Mini-WARN Act might get that employee-friendly overhaul sooner than you think. That prediction has borne fruit. (Especially for NJ employee-rights class action lawyers.) On Tuesday, NJ Governor Phil Murphy signed legislation to amend the effective date of the changes to NJ’s mini-WARN…

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New Jersey’s Mini-WARN Act may get that employee-friendly overhaul sooner than you think.

Under a federal law called the Worker Adjustment and Retraining Notification (WARN) Act, businesses with 100 or more employees must provide affected workers with 60 days’ notice before a big layoff. It’s a bit more nuanced than that. But, for this blog post, the details aren’t so important. What does…

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Do attorneys who use cannabis legally nonetheless risk violating the Rules of Professional Ethics?

Last night, just as I finished revising my Expert Analysis submission on workplace drug testing to Law360, another new Law360 article on cannabis use caught my eye. Whether by industry regulation or perhaps in an employee handbook, rules of ethics govern many workplaces. Rules of Professional Conduct govern the practice…

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How did a plaintiff with no lawyer convince a federal appellate court that he had a viable FMLA claim?

The surprise will quickly disappear once I share the facts from this recent Third Circuit decision. The plaintiff was a patient representative with a local hospital. On January 3, 2014, he reported to work amid a snowstorm. After his shift ended, the plaintiff slipped and fell while searching for a…

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New Jersey finally offers clear guidance on cannabis testing to local employers. And by “clear,” I mean “hazy.”

Like saying, “It depends,” you can count on a lawyer blogging about cannabis and employment law to drop a marijuana pun in the title of the post. Legal recreational cannabis and its impact at work. In early 2021, New Jersey legalized recreational marijuana for adults 21 and older when Governor…

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If hiring managers say they are looking for “new blood,” are they guilty of age discrimination?

An HR employee claimed that her age motivated her employer’s decision not to select her for a Human Resources Talent Consultant (HRTC) position after the company restructured the HR Department. Why? Because decision-makers allegedly said on a conference call that they were looking for “fresh new blood” to fill the…

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New Jersey poster lamination companies are now cursing under their breath

New Jersey made it easier for employers to comply with displaying official posters from the New Jersey Division on Civil Rights (DCR). As of August 1, 2022, New Jersey employers have more ways to comply with posting requirements relating to the New Jersey Law Against Discrimination (NJLAD) and Family Leave…

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Hostile work environment claims are often like trees falling in the forest

If a tree falls in the forest and no one is around to hear it, does it make a sound? I don’t intend this blog post to answer that question specifically. However, there is an employment law analogy that I will address today. Plaintiffs alleging they suffered a hostile work…

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This HR service provider “walked the walk” and defeated claims of age discrimination

Some of the tenets of good HR compliance include documenting and communicating performance issues and taking additional formal steps to alleviate them. If those steps fail, the employer can proceed with termination, being sure to document the reasons supporting the final decision. A 65-year-old client manager sued his employer, an…