New Jersey Legislative Update

In an effort to combat the recent rise in COVID-19 cases in New Jersey, on October 28, 2020 Governor Murphy signed Executive Order 192 (the “Order”), mandating health and safety standards to protect New Jersey’s workers during the pandemic.  Effective November 5, 2020, the Order requires every business, non-profit and governmental or educational entity to implement certain protocols to protect employees, customers, and all others who come into physical contact with its operations. Key takeaways are summarized below.
Continue Reading New Jersey Governor Murphy Orders New COVID-19 Workplace Protocols

At the beginning of this year, New Jersey Governor Phil Murphy signed a package of legislation aimed at protecting the rights of workers who have been misclassified as independent contractors.  One of these new laws, Assembly Bill 5843, requires employers to post notices regarding employee misclassification.  The New Jersey Department of Labor and Workforce Development has now published the required posting in two different sizes (11 x 17 and 8.5 x 11).
Continue Reading New Jersey Department of Labor Releases Posters for Employers to Utilize to Satisfy Employee Misclassification Posting Requirements

On April 14th New Jersey Governor Phil Murphy signed Senate Bill 2353 into law. The law delays the application date of the New Jersey WARN amendments passed earlier this year and removes mass layoffs due to COVID-19 from coverage under the statute.
Continue Reading New Jersey Gives Employers a Break on New WARN Requirements Due to COVID-19

On January 21, 2020, New Jersey Governor Phil Murphy signed Senate Bill 3170 (the “amendments” or “NJ WARN Act”) into law making New Jersey the first state in the nation to require severance pay for mass layoffs.  The law, scheduled to go into effect on July 19, 2020, will make it dramatically more expensive for companies to conduct a large scale reduction in force in New Jersey.
Continue Reading New Jersey Significantly Modifies the New Jersey WARN Act to Require Severance Pay for Mass Layoffs

In a case of first impression, the New Jersey Appellate Division determined that employers in the state must reimburse employees for medical cannabis following a workplace accident, despite federal prohibitions against cannabis distribution.  The January 13, 2020 decision in Hager v. M&K Construction, Case No. A-0102-18T3, is the first time a court in the state has required reimbursement for a cannabis prescription in the workers’ compensation context, and may signal a fresh judicial focus on the scope of lawful medical cannabis use in the employment context both in New Jersey and in states with similar laws.

The Hager decision has clear implications for New Jersey employers, who are now required to reimburse injured employees for medical cannabis (at least under circumstances similar to those presented in the case).  Employers in other states that have legalized medical cannabis but have yet to rule on the interplay between the Controlled Substances Act (“CSA”) and state law in workers’ compensation disputes should also take note in the event that similar reimbursement requests arise.


Continue Reading New Jersey Court Commands Cannabis Reimbursement in Workers’ Compensation Dispute

On November 7th a bill was introduced in the New Jersey legislature that would, like California’s AB 5 (see our previous blog here), codify a stricter version of the ABC test for determining independent contractor classification. The bill, S4204 (text available here), also affirms New Jersey courts’ use of the ABC test under the state’s unemployment law, Wage and Hour Law, Wage Payment Law, and other contexts.
Continue Reading New Jersey Bill Would Codify a Stricter Version of ABC Test for Determining Independent Contractor Status

On March 18, 2018, the New Jersey Law Against Discrimination (NJLAD) was amended to prohibit prospective waivers of substantive and procedural rights or remedies relating to a claim of discrimination, retaliation, or harassment and that provisions in employment contracts waiving such rights shall be deemed against public policy and unenforceable. The new amendment further provides that “no person shall take any retaliatory action, including but not limited to failure to hire, discharge, suspension, demotion, discrimination in the terms, conditions, or privileges of employment, or other adverse action, against a person, on grounds that the person does not enter into an agreement or contract that contains a provision deemed against public policy.”
Continue Reading Did New Jersey Just Try to Ban Employment Arbitration Agreements?

On February 4, 2019, New Jersey Governor Phil Murphy signed into law legislation, available here, which gradually raises the minimum wage in New Jersey to $15 per hour by the year 2024 for many workers in New Jersey. Under this law, for employers with more than six employees, the current New Jersey statewide minimum wage of $8.85 will incrementally rise to $15 per hour as follows:

Date of Increase Minimum Wage Amount
July 1, 2019 $10 per hour
January 1, 2020 $11 per hour
January 1, 2021 $12 per hour
January 1, 2022 $13 per hour
January 1, 2023 $14 per hour
January 1, 2024 $15 per hour


Continue Reading New Jersey Minimum Wage Set to Increase to $15 Per Hour by 2024

As detailed previously here, the New Jersey Paid Sick Leave Act (the “Act”), goes into effect October 29, 2018. In general, the Act allows New Jersey employees to accrue one (1) hour of sick leave time per thirty (30) hours worked, and allows New Jersey employees to use earned sick leave time for: (i) diagnosis, care, treatment of, or recovery from the employee’s mental or physical illness, injury or other adverse health condition, or for the employee’s preventive medical care; (ii) time to aid or care for a family member in one of the situations described in (i); (iii) time needed due to an employee’s or family member’s status as a victim of domestic or sexual violence; (iv) closure of the workplace, school, or childcare facility issued by a public health authority due to a public health emergency; and (v) a school-related conference or meeting. A detailed summary of the Act’s other requirements can be found here.
Continue Reading New Jersey Department of Labor and Workforce Development Issues Proposed Regulations For the New Jersey Sick Leave Act

On Wednesday, May 2, 2018, Governor Phil Murphy signed into law the New Jersey Paid Sick Leave Act (the “Act”). The Act, which goes into effect on October 29, 2018, preempts all existing New Jersey municipal earned sick leave laws and, like the New York City Earned Sick Time Act, allows employees to accrue one (1) hour of sick leave time per thirty (30) hours worked.
Continue Reading New Jersey Enacts Paid Sick Leave Act

On Tuesday, April 24, 2018, New Jersey Governor Phil Murphy signed into law the Diane B. Allen Equal Pay Act (the “Act”), which amends the New Jersey Law Against Discrimination (“NJLAD”) to provide enhanced equal pay protections for New Jersey employees. The Act, which becomes effective on July 1, 2018, prohibits pay disparities based upon characteristics protected by the NJLAD, such as race, creed, color, national origin, nationality, ancestry, age, sex, etc. Specifically, the Act makes it an unlawful employment practice “[f]or an employer to pay any of its employees who is a member of a protected class at a rate of compensation, including benefits, which is less than the rate paid by the employer to employees who are not members of the protected class for substantially similar work, when viewed as a composite of skill, effort and responsibility.”
Continue Reading New Jersey Equal Pay Act Signed Into Law