Every employer has received one: the anonymous letter or email in which someone complains about one of your employees. How is an employer supposed to respond when faced with one of these complaints? This question was answered by New Jersey’s Appellate Division in the case of In The Matter of Paul Williams, Township of Lakewood, ____ N.J.Super ____ (App. Div.… Read More
In September 2015, we wrote about a New Jersey appellate court’s unpublished decision refusing to enforce an arbitration clause contained within the employer’s Employee Handbook, where the employer had included within its handbook a disclaimer notifying its employees that the handbook did not create a contract between them and the company. This month, in a decision approved for publication, another New Jersey Appellate Division decision on this same matter was issued, with the same result.… Read More
Norris McLaughlin & Marcus will be hosting a series of free breakfast seminars which will highlight timely legal developments and managerial concerns in labor and employment law. These seminars will provide crucial information for human resource professionals, business owners, and in-house lawyers responsible for employment law matters. HRCI and CLE credit is available. Click here to register.
Thursday, March 10, 2016
A detailed discussion on the following: a) policies needed to bring your handbook into compliance with recent changes in the law; b) the NLRB’s Guidelines on lawful handbook policies; and c) addressing handbook issues for multi-state employers.… Read More
With 2015 coming to an end, New Jersey employers must ready their businesses for the coming year. With this in mind, we have compiled the following information for New Jersey employers to consider as we enter 2016.
The New Jersey Department of Labor announced in September 2015 that the state minimum wage would remain the same. It currently stands at $8.38 per hour.
In the recent New Jersey Appellate Division decision C.M. v. Maiden Re Insurance Services, LLC, et al., A-2913-13T1 (App. Div., Sept. 18, 2015), the Court refused to enforce an arbitration clause contained within the employer’s employee handbook.
This case arose in the context of plaintiff’s claim under the New Jersey Law Against Discrimination, where the plaintiff claimed the defendant employer failed to reasonably accommodate her disability and ultimately terminated her employment based on that disability. … Read More
On September 17, 2015, New Jersey’s Appellate Division affirmed a lower court ruling that the Borgata Hotel Casino in Atlantic City did not discriminate against female employees by enforcing a personal appearance policy which, among other things, limited the amount of weight these employees could gain. In Schiavo v. Borgata Casino Hotel & Spa, A-5983-12T4 (App. Div. 2015), 21 women who were hired as “BorgataBabes” challenged Borgata’s personal appearance standard (PAS), claiming the PAS subjected them to gender stereotyping, sexual harassment and sex discrimination.… Read More
In a recent decision, the National Labor Relations Board significantly increased potential liability for employers. In the case of Browning-Ferris, the NLRB determined that a joint employment relationship existed if an employer could possibly exercise control over an employee at some future date.
Previously, a joint employment relationship occurred only if the entity exercised direct control over an individual. Given the recent NLRB decision, however, employers must reexamine their staffing, subcontractors and independent contractor relationships to determine if they may be exposed to potential liability.… Read More
Last month, the United States Department of Labor’s Wage and Hour Division (WHD) issued an Administrator’s Interpretation (AI) on the misclassification of independent contractors under the Fair Labor Standards Act (FLSA). In the AI, the WHD contends that “most workers are employees” under the FLSA’s “very broad definition of employment,” and that this intended scope must be considered when applying the “economic realities” factors to determine whether a worker is an independent contractor or an employee.… Read More
Earlier this year, we reported on The New Jersey Supreme Court’s decision in Aguas v. State of New Jersey, 220 N.J. 494 (2015), where the Court emphasized the importance of effective anti-harassment policies for employers seeking to defend against claims of harassment in the workplace. The Aguasdecision was recently applied by New Jersey’s Appellate Division in a case involving harassment claims made by a temporary employee.… Read More
On June 1, 2015, the Occupational Safety and Health Administration (“OSHA”) published a “Guide to Restroom Access for Transgender Workers.” A copy of the Guide can be found here. Under OSHA’s standards, employers are required to provide their employees prompt access to sanitary restroom facilities.
As gender identity is an intrinsic part of every person’s life, employees must be allowed “to work in a manner consistent with how they live the rest of their lives, based on their gender identity.” The Guide provides employers with best practices on policies that address the issue of bathroom access for transgender employees.… Read More