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NJ Employment Law Blog

Apr 21, 2016

NYC Institutes Ban on Pre-Employment Credit Checks

The below post is authored by Keya C. Denner and Eleanor J. Lipsky.

Most prudent employers these days run background checks of prospective employees as part of the hiring process.  While this practice is expanding, so is the network of laws and regulations employers must consider when collecting information about job candidates.  In this post, we highlight a new law most New York City employers will now need to tackle.… Read More

Mar 16, 2016

Major FLSA Changes One Step Closer to Reality

It has been a while, but there is finally movement on the Department of Labor’s proposal to drastically change the white-collar exemption regulations of the Fair Labor Standards Act, which will result in millions of employees across the country being entitled to overtime pay that are not currently so eligible.

Monday afternoon, the Department of Labor sent its proposed “final rule” (this is the final version of the revised regulations) to the White House Office of Management and Budget.… Read More

Mar 14, 2016

EEOC Changes Policy on Releasing Position Statements

It is no secret that certain government agencies, such as the National Labor Relations Board (“NLRB”) or the Equal Employment Opportunity Commission (“EEOC”), often go out of their way to favor employees where they can. This is not limited to the substance of the decisions that these agencies issue, but also applies to the rules and procedures that they implement. A notable example is the NLRB’s expedited “ambush” election rules that became effective last spring.… Read More

Jan 29, 2016

The Anonymous Employee Complaint Letter. What’s An Employer To Do?

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

Jan 21, 2016

N.J. Appellate Division Again Rules That An Arbitration Clause Within a Company’s Employee Handbook Is Not Enforceable

In September 2015, we wrote about a New Jersey appellate court’s unpublished decision refusing to enforce an arbitration clause contained within the employer’s Employee Handbook, where the employer had included within its handbook a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

Jan 14, 2016

2016 Employment Law Breakfast Series

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.

Employee Handbooks

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

Dec 30, 2015

New Jersey Employers Prepare for 2016

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.
Read More

Sep 29, 2015

Arbitration Clause in Employee Handbook Found Not Enforceable

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

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