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NJ Employment Law Blog

Jun 16, 2016

New Jersey Supreme Court Rules Employers Cannot Use a Private Agreement to Shorten the Two-Year Limitations Period for Filing an Action Under the NJLAD

In a case of first impression, the New Jersey Supreme Court in Rodriguez v. Raymours Furniture Company, Inc. Docket No. A-27-14 (June 15, 2016),  held that employers cannot shorten the limitations period for filing a claim under the New Jersey Law Against Discrimination (“NJLAD”) via private agreement.  Almost two years ago to the day, New Jersey’s Appellate Division ruled that an employer could abbreviate that limitations period by including in its employment application a provision requiring such employment claims to be filed within six months. … Read More

May 23, 2016

DOL Announces New “White Collar” Exemption Regulations

The wait is finally over. Last week, the U.S. Department of Labor announced new Fair Labor Standards Act (“FLSA”) regulations governing the “white collar” exemptions from overtime.  This comes more than two years after President Obama instructed DOL to “update and modernize” the regulations and nearly a year after the DOL issued its controversial proposed regulations, which garnered nearly 270,000 comments from the public.  … Read More

May 23, 2016

New Federal Trade Secrets Act Provides New Remedies to Employers and Requires Updates to Confidentiality Agreements

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (“DTSA”). The DTSA creates a new federal civil remedy for trade secret misappropriation, allowing employers to file civil lawsuits in federal court for trade secret misappropriation by departing employees. While the DTSA provides new remedies to employers, it also grants employees immunity in certain cases. Therefore, all non-disclosure agreements must now be modified to provide notice of this employee immunity, described further below.… Read More

May 11, 2016

Leaves of Absence As a Reasonable Accommodation Under the Americans With Disabilities Act (“ADA”)

Citing a spike in the number of disability charges filed in 2015 along with a trend of employer policies that deny or limit the use of leave as a reasonable accommodation, on May 9, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued a resource document providing information on when and how a leave of absence must be granted as a reasonable accommodation relating to an employee’s disability. … Read More

May 10, 2016

Dept. of Labor Issues New FMLA Poster

Avid readers of our blog may recall that we recently posted about the newly-revised Family and Medical Leave Act (“FMLA”) poster that the U.S. Department of Labor (“DOL”) announced late last month.  It turns out that we did not have to wait long, as the DOL published the new poster late last week.  The new poster, which can be found here, is meant to be more organized and reader-friendly. … Read More

May 04, 2016

Dept. of Labor Announces New FMLA Publications

Late last month, the U.S. Department of Labor (“DOL”) announced two new publications that it would be issuing regarding the Family and Medical Leave Act (“FMLA”).  The first is a reorganized and reader-friendly General FMLA Notice.  As covered employers know, these Notices must be posted “prominently” at each location where there are employees so that they “can be readily seen by employees and applicants.”  It is important to note that covered employers will not be required to use the new Notice if they currently use the existing Notice. … Read More

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


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