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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 ...
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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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