The majority of workers in New Jersey are at-will employees. These are employees that are not subject to an employment contract nor are they members of a union. At-will employees can, for the most part, be terminated from employment at any time and for pretty much any reason. They are also able...
Category: Employment Law
What the Jake Honig Compassionate Use Medical Cannabis Act Means for Employers
Cannabis is a real hot topic in the law these days. There are states proposing legislation to legalize medical cannabis. Others are proposing to legalize recreational cannabis. Among all of these proposed laws, there are employment laws trying to catch up with them. For instance, medical cannabis may be legal in a...
If I Sue, Can My Employer Get My Cell Phone?
When an employee sues his or her employer, the employer sometimes will try to take the employee’s cell phone and inspect it for evidence. The recent case of Lipsky v. The NJ Association of Health Plans made it much more difficult for an employer to seize a phone while setting clear standards where such a...
Judge Throws out Whole Foods Case
A federal judge recently dismissed a case surrounding the firing of three former Whole Foods employees. The employees argued that they were disciplined for wearing masks that had “Black Lives Matter” written on them and alleged that this violated the Title VII of the Civil Rights Act of 1964 which prohibits
Kennedy v. Weichert Co.
The ABC Test is a standard used to determine if a worker is an employee or an independent contractor. The test consists of three parts: (A) the worker must be free from the control and direction of the hiring entity in the performance of the work, (B) the work must be performed...
New law surrounding severance pay is looking to take effect in 90 days
Governor Phil Murphy previously signed a law back in January 2020 that requires employers to give severance pay to workers who were let go due to many layoffs. This law was supposed to be set in 2020 but due to the coronavirus pandemic, it was put on hold. Looking beyond that,...
What the Federal Trade Commission’s Proposal for a New Regulation on Noncompete Clauses mean
On January 5th, the Federal Trade Commission issued a proposal that could potentially ban noncompete clauses which would allow workers to take jobs at rival companies or establish a competing business within their former employer’s line of work. The FTC found that noncompete clauses exploit unfair methods of competition as they block...
What are Reasonable Accommodations?
Under the New Jersey Law Against Discrimination (NJLAD), employers are required to provide reasonable accommodations to disabled employees. Should an employer fail to provide such reasonable accommodations, the employee may be able to bring a disability discrimination lawsuit. To do so, the employee must be able to demonstrate that they have a...
What is the Difference Between NJFLA and FMLA?
As a New Jersey employee, it is essential to be aware of your rights. That being said, understanding the scope of your rights can be complicated, to say the least. There are varying laws at both the federal and state level that can impact your rights as an employee. It can be...
New Jersey’s Equal Pay Law
Enacted in 2018, the New Jersey Equal Pay Act provides powerful protections for employees throughout the state. Prohibiting employers from engaging in discriminatory pay practices, the Act also provides protections for employees who may voice concerns or complaints about wage-related issues in the workplace. Employees and employers alike should be aware...