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Editor’s Note: This article written by Beth P. Zoller and Carole Lynn Nowicki appears in the October 2023 edition of the NJSBA Labor and Employment Law Quarterly . Section members can read the full issue here . In Groff v. DeJoy, the United States Supreme Court recently revisited the proper standard for employee requests for religious accommodations under Title VII. In doing so, the Court established a new legal standard that employers must satisfy before denying accommodation requests based on an “undue hardship” to the employer. Gerald Groff challenged his employer, the United States Postal Service, for their denial of his request for a ...
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The June issue of the NJSBA Labor and Employment Law Quarterly examines updated laws and recent court cases affecting workers and their employers. Below are brief excerpts summarizing the latest action in the legal world. Labor and Employment Law Section members can read the full analysis in the Quarterly. Statutory Update: Federal Law Protecting Pregnant and Nursing Workers is Chasing New Jersey’s Leadership The federal Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) were signed by President Joseph Biden on Dec. 29, 2022. The PUMP Act became effective on Dec. 29, 2022. ...
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The June 2023 edition of New Jersey Lawyer covers the latest trends attorneys should know involving the workplace and employment law. The issue, published by the New Jersey State Bar Association, features nine articles that provide a valuable template for attorneys involved in multiple practice areas, whose clients are affected by the ever-evolving legal parameters of the employer-employee relationship. The entries cover proposed legislation to restrict the rights of businesses to negotiate non-compete and non-poaching agreements with prospective employees, recent legal developments that expand coverage to employees entering or leaving the workplace, whether ...
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(Editor’s note: This is an edited excerpt of an article by Jillian T. Stein that appeared in the April 2023 edition of Labor and Employment Law Quarterly. Section members can read the full article and the latest edition here .) The recent enactment of pay transparency laws has been the latest move in the employment law sector’s effort to achieve pay equity. Why? Although the Equal Pay Act of 1963 was enacted to prohibit pay discrimination based on sex, the wage gap persists, particularly in New Jersey—as reported by the National Women’s Law Center. To close the gap, several states and cities have recently enacted pay transparency laws. Those who ...
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(Note: This is an edited version of an article written by Michael Malatino that appears in the Winter 2023 edition of the NJSBA’s Labor and Employment Law Quarterly. Section members can read the full article and edition here.) With the decision in Balducci v. Cige , and the Sept. 12, 2022, New Jersey Supreme Court request for public comment on retainer agreements that foreclose settlement when terms waive the lawyer’s fees or costs, the law concerning retainer agreements has been a focal point of recent Court activity. Counsel can violate ethical duties simply by charging what a client might agree to pay. Because of this and the wide latitude employment ...
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Editor’s note: This is an article written by Carole Lynn Nowicki and Naomi Franco that appeared in the November 2022 edition of New Jersey Labor and Employment Law Quarterly. Go here to read the full article and the full edition (login required). Pets are important family members in many American households, and there is a growing trend to allow employees to bring pets to work. Companies such as Amazon, Etsy, and Ben & Jerry’s have publicized pet-friendly policies. [i] While adorable Fido can bring joy wherever he goes, a pet-friendly workplace can pose some additional challenges for employers and employees in addition to the benefits. Therefore, ...
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Editor’s note: This is an edited excerpt from an article written by Catherine Pastrikos Kelly that appeared in the July 2022 edition of New Jersey Labor and Employment Law Quarterly. Go here to read the full article and the full edition (login required). In 1986, Congress passed the Stored Communications Act (SCA), which aims to prevent people from accessing private electronic communications. At that time, there was no internet—let alone email or social media, as we know them. As a result, courts have had to adapt the language of the SCA to technology’s rapid evolution. In addition to the SCA, most states have some form of privacy laws, which protects against ...
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(Editor’s note: This article written by Lisa L. Savadjian and Robert T. Szyba ran in the most recent edition of the NJSBA’s Labor and Employment Law Quarterly. Members can read the full edition here .) Litigating a case against a pro se plaintiff often can be more demanding than a typical case against a seasoned attorney. Courts are available for all–not just licensed attorneys–and therefore, most judges approach pro se plaintiffs with leniency one would not expect to see given to licensed attorneys. In practice, this usually means an attorney must do their own job, plus the job of the adversary. As a result, there are some pitfalls in litigating with pro ...
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(Editor’s note: This is an edited excerpt from an article written by Beth P. Zoller in the latest edition of the Labor and Employment Law Quarterly . NJSBA section members can read the full article and issue here [login required].) Gov. Phil Murphy recently signed Bill A681 into law, amending the New Jersey Law Against Discrimination’s age discrimination prohibitions and expanding protections for older workers. The amendments took immediate effect. Although the NJ LAD long prohibited discrimination based on age, these protections were limited, and the law essentially permitted certain employment decisions that negatively impacted older workers. ...
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(Note: This is an edited excerpt from an article by John W. Black, Samuel J. Buffone Jr., and Samuel Wenocur in the latest edition of New Jersey Labor and Employment Law Quarterly, a publication of the New Jersey State Bar Association Labor and Employment Law Section . To read the full article and issue, click here [login required].) Over the past several decades, whistleblowers have proven to be the most effective tool in combating corporate misconduct, fraud, and corruption. Government agencies including the Department of Justice, IRS, and Securities and Exchange Commission have recovered billions of dollars based on information from whistleblowers—and ...
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This is an edited excerpt from an article written by Stephanie Wilson, Diane A. Bettino and Kimberly Jeffries Leonard in the May 2021 edition of Labor and Employment Law Quarterly . Read the full article and issue here (login required). Human resources managers across industries are turning to artificial intelligence to assist with employment-related tasks such as recruiting, hiring, compensation analysis, employee retention and promotion decisions. They contend that AI is a critically important tool because it reduces risks that are associated with human errors in decision-making; expands the universe of potential applicants whom employers can interview; ...
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Note: This is an edited excerpt from an article written by Adam L. Schorr that appeared in the Vol. 42, No. 3 issue of Labor and Employment Law Quarterly, a publication of the New Jersey State Bar Association . To read the full article and issue, click here (login required). Even in the best of times, unemployment claimants can find the unemployment process complicated, confusing, long and difficult. And this is not the best of times. The COVID-19 pandemic has exacerbated existing problems and created significant new problems from start to finish in the unemployment process. These problems go beyond mere delays, which could have been expected ...
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With the public health pandemic entering its 15 th month, many are looking at vaccines as a way to get to a new - normal. At the 2021 NJSBA Annual Meeting , attorneys and experts discussed the intricacies of mandatory vaccinations. “ Vaccination Fascination-Potential Pitfalls for Employers Requiring Mandatory COVID-19 Shots ” featured Keith Waldman, Kimberly Jefferies Leonard, Ph.D., Sanford Oxfeld, NJSBA Trustee John L. Shahdanian II and Stephanie Wilson. The question of whether employers can compel employees to get vaccinated is not an easy one to answer , there are many variables that depend on who people work for and with, ...
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(Note: This is an edited excerpt of an article written by Daniel R. Dowdy in the March 2021 issue of Labor and Employment Law Quarterly . Read the full article, which includes a detailed analysis of employer considerations regarding employee marijuana use, here [login required].) Marijuana, cannabis, weed, THC, pot, Mary Jane, ganja. Call it what you want. Employees in New Jersey recently gained broad protection to consume it recreationally and to be under its influence while off-duty. Following the passage of New Jersey’s November 2020 Ballot Question 1 with the support of ⅔ of the voting electorate, Article IV, Section VII, Paragraph 13 of the New ...
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(An edited version of this article written by Joseph H. Tringali appears in the April 2021 edition of New Jersey Lawyer focusing on legal issues during a pandemic. Read the full issue here [login required].) As we rang in the new year in 2020, who could have imagined that it was going to become commonplace for lawyers to be making court appearances and taking depositions on the laptop in the living room, with dogs barking in the background and kids learning math in the kitchen? The year 2020 has taught us to be problem solvers, quick to adapt to ever-changing court rules and regulations. While many things have changed because of COVID-19, the federal ...
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The following article written by Raymond M. Baldino was published in the May 2020 issues of New Jersey Labor and Employment Law Quarterly, which is distributed to members of the Labor and Employment Law Section. For information about joining an NJSBA section, email us at [email protected] Courts have long struggled with how to strike the proper balance between protecting employer’s rights and protecting employee free speech. Over time that conflict has generally evolved to narrow the field of protected employee speech. However, two recent Third Circuit decisions, Palardy v. Township of Millburn 1 and Baloga v. Pittston Area School District, et al. ...
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Adapted from an article written by Rachel Wainer Apter in the April 2020 Labor and Employment Law Quarterly newsletter, which is distributed to members of the Labor and Employment Law Section. For information about joining the section email us at [email protected] This is a unique moment for civil rights in New Jersey. Since January 2017, the federal government has constricted the enforcement of federal civil rights laws except in a few specific areas, most notably religious liberty protections. In some areas, the federal government is affirmatively interpreting civil rights laws in a way that harms New Jersey residents, most notably transgender ...
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The federal Coronavirus Aid, Relief and Economic Security (CARES) Act expands eligibility for unemployment insurance to many individuals who previously could not get those benefits, including the self-employed, independent contractors and “gig” workers. Because the law is so new, states only just received guidance on how to implement the federal law and are still developing the exact process. Nevertheless, the New Jersey Department of Labor is directing individuals in those categories to apply now . Those applications will likely be denied. But that is also part of the process, officials said. “If you are denied, you can always file an ...
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The following essay is by David E. Leach III, Regional Director for Region 22 of the National Labor Relations Board. It was originally published in the New Jersey Labor and Employment Law Quarterly, a publication of the Labor and Employment Law Section of the New Jersey State Bar Association. The December issue of the publication is currently publicly available and may be read in its entirety here . To learn more about the benefits of joining a section, contact [email protected] . In an executive order signed by President Donald J. Trump on March 13, the president stated that he is seeking “to improve the efficiency, effectiveness, and accountability ...
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Originally published in New Jersey Labor and Employment Law Quarterly Vol. 36, No. 1/January 2015. Employers send out numerous communications each day relating to a wide variety of topics. Due to the volume of correspondence, many employers do not give a second thought to sending a given letter via electronic, regular, or certified mail. With the unofficial motto of the U.S. Postal Service being “[n]either snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds,” employers generally presume that their mailings reach their intended recipients. This presumption is known as the ‘mailbox rule.’ ...
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