New Jersey

Distinguishing state & federal disability-accommodation claims

March 20, 2012 | by Eric B. Meyer

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 have two recent cases and two different answers — depending on whether you are in state or federal court, plus some general accomodation tips for employers after the jump…

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The so-called “privacy” of employee emails

February 6, 2012 | by Eric B. Meyer

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. During our discussion, I mentioned another case — this one called Stengart v. Loving Care Agency — in which the NJ Supreme Court held that an employee who emails her attorney from a company computer may have a reasonable expectation of privacy in those emails provided that the employee uses a password-protected web-based email account.

Ah, serendipity! The following day, I read about another case decided last week in which the NJ Superior Court reaffirmed that many employee emails are not private. More on this case and a best practice for employers after the jump…

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NJ officially adopts the Trade Secrets Act

January 20, 2012 | by Eric B. Meyer

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 the NJTSA into law. The new law provides for both legal relief (damages for actual loss an unjust enrichment, punitive damages, attorney’s fees) in the event of an actual misappropriation of trade secrets, and injunctive relief should there be an actual or threatened misappropriation.

https://www.youtube.com/watch?v=qHm9MG9xw1o

Is it whistleblowing when your job is to report violations of the law?

January 19, 2012 | by Eric B. Meyer

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…

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The curious case of a high-speed ambulance-chasing whistleblower

January 3, 2012 | by Eric B. Meyer

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 about a police officer – slash – ambulance driver who started a high-speed ambulance chase to serve a restraining order on a co-worker’s ex-boyfriend and then…

Yeah, just hit the jump…

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One blueprint for requiring employees to arbitrate FMLA claims

December 20, 2011 | by Eric B. Meyer

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. Morgan Chase & Co., N.A., “an agreement to arbitrate statutory anti-discrimination claims must be specific enough to put the employee on notice of the claims encompassed.” However, “an arbitration clause need not specify every conceivable statute that it covers.”

Fact or Fiction: Courts recognize retaliation against ex-employees

December 14, 2011 | by Eric B. Meyer

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 with the EEOC. If a potential new employer comes calling from a job reference and I…

give my former employee a bad reference;

Your [trade] secrets are safe with NJ…almost.

September 22, 2011 | by Eric B. Meyer

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 about to change. Details after the jump…

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Businesses rejoice! NJ adopts new overtime regulations.

September 14, 2011 | by Eric B. Meyer

By The Numbers: Employment laws by total employees

September 12, 2011 | by Eric B. Meyer

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 — that your business must employ to be covered under certain specific federal employment laws. (I’ll even throw in a few extra state statutes for my PA/NJ/DE readers).

GREAT BIG DISCLAIMER: What you’ll find after the jump are the numerosity requirements for various federal laws. There are a slew of other legal hoops through which your business may need to jump. Be smart. Discuss them with an attorney.

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