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NJ Employment Law Blog

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Apr 12, 2018

Breakfast with Pat: Navigating the Hiring Process

Pat Collins led the first session of our 2018 Labor & Employment Breakfast Series this morning with a seminar on Navigating the Hiring Process.

Pat spoke to a crowd of  fifty HR Professionals and attorneys on employment applications, screening candidates, interviews, background investigations, pre-employment testing, hiring, and job descriptions. » Read More

Apr 03, 2018

Employee’s Voluntary Resignation Does Not Necessarily Result in Disqualification for Unemployment Benefits

On March 29, 2018, the Appellate Division in Cottman v. Board of Review ruled that an employee who voluntarily quits when faced with the imminent threat of termination may nevertheless be eligible for unemployment benefits.

Cottman, who worked the overnight shift (11:00 p.m. » Read More

Mar 20, 2018

Mandatory Sexual Harassment Training Proposed for New York City Employers

The New York City Council is suggesting additions to the New York City Human Rights Law to expand coverage and extend the statute of limitations relating to sexual harassment claims. In addition, the council proposes mandatory yearly sexual harassment training to take effect September 1, 2018. » Read More

Mar 14, 2018

It’s a State of Emergency; I Can’t Make It To Work

Do you have to report to work if a State of Emergency is declared?  Yes.  No law in New Jersey requires a private employer to close or release employees from work due to a state of emergency being declared.  A Bill currently pending before the New Jersey Legislature is trying to change the law, but has not made it very far to date.  » Read More

Mar 12, 2018

DOL Announces New Payroll Audit Independent Determination Program

The United States Department of Labor, Wage and Hour Division (“WHD”) has announced a nationwide pilot program, The Payroll Audit Independent Determination (PAID) program (the “Program”), to facilitate self-correction of potential overtime and minimum wage violations under the Fair Labor Standards Act (“FLSA”). » Read More

Mar 08, 2018

Electronic Delivery of Arbitration Agreements: Make Sure You Have Proof of Assent

Craig Schmell was a Senior Vice President with Morgan Stanley in Red Bank, New Jersey, until his termination of employment in October 2017.  Schmell filed a federal lawsuit claiming his firing constituted discrimination based on his status as a recovering addict. » Read More

Mar 08, 2018

IN THE NEWS: Business Owners Discuss Ways to Identify, Prevent Sexual Harassment

The “#metoo” movement is here to stay.  In just over four months, it has become a game changer in the field of sexual harassment and social norms in the American workplace.  Not only have many prominent individuals and their employers already been affected, it is only a matter of time before this powerful social movement takes a firm root in all businesses, both small and large. » Read More

Feb 23, 2018

Be Careful What You Say: Not Everything’s O.K.

The National Labor Relations Act (“NLRA”) makes it unlawful to terminate an employee who engages in concerted, protected activity, which generally means that you can say, object and complain, and offer suggestions to your employer without fear of termination of employment or other adverse actions so long as your conduct is in the mutual aid and protection of your co-employees and relates to the terms and conditions of employment.  » Read More

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