Articles Posted in New Jersey

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Back in March 2019, the State of New Jersey passed a law that makes any non-disclosure provisions in an employment contract or settlement agreement that have the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment unenforceable against a current or former employee who is a party to the contract or settlement. I wrote about it here. Continue reading

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This case involves a plaintiff who worked as a part-time bartender who worked for a bar in New Jersey. She claimed that her supervisor created a hostile work environment by calling the plaintiff names “used to describe a person with an oversized posterior.” (The court deemed it unnecessary to identify the supervisor’s “alternate names” for the plaintiff.) Continue reading

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For one of the most employee-friendly states in the country, the current state of play in New Jersey for restrictive covenant agreements like non-competes and non-solicits is employer-friendly. Although your mileage may vary by judge, most will enforce reasonable contracts of up to two years with a geographical footprint that coincides with where the company does business. Continued employment is sufficient consideration, and if the agreement is too broad, the judge can reform it.

Those days may be ending soon. Continue reading

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Did you happen to catch my friend Jon Hyman’s blog post about employers who surreptitiously install tracking software on electronic devices to monitor their employees?

Your mileage may vary as to whether it’s good for business. In some states, it may be downright illegal.
Continue reading

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If, like me, you’ve always wondered whether the Federal Arbitration Act (FAA) preempts a 2019 amendment to New Jersey’s Law Against Discrimination (LAD) that prohibits the waiver of procedural and substantive rights under the LAD, try to remain calm. I’m about to blow the lid off this jawn.

(The rest of you can bug out and play Wordle.) Continue reading

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2018-07-26 12 18 12 "Welcome to New Jersey" sign along southbound New Jersey State Route 284 just after entering Wantage Township, Sussex County, New Jersey from Minisink, Orange County, New York

Famartin, CC BY-SA 4.0, via Wikimedia Commons

Earlier this week, Governor Phil Murphy announced that he had signed A681 into law, which expands the scope of the Law Against Discrimination (LAD) — already one of the most comprehensive anti-discrimination laws in the country — by providing protections against age discrimination by employers.

Hey, I’m not complaining. Changes like these will help pay to put my kids through college. But let’s see what this latest amendment is all about. Continue reading

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Image Credit: Photofunia.com

Since taking office, New Jersey Governor Phil Murphy has committed to battling worker misclassification, i.e., treating employees as independent contractors. Misclassifying employees as independent contractors can deprive workers of wages and benefits and also have tax ramifications too. Continue reading

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