NJ Labor And Employment Law

The New Jersey Labor and Employment Law Blog is authored by Jay S. Becker and Joseph C. DeBlasio, shareholders in the Labor and Employment Law Practice Group, with support from the associates in the Group. It is dedicated to provide news and updates regarding all labor and employment matters throughout New Jersey.

NJ Employers: $8.38 Minimum Wage Effective January 1

October 1, 2014 | Comments Off
Posted by Saranne E. Weimer

As you may remember, in November 2013, voters approved an amendment to the New Jersey Constitution increasing the state minimum wage to $8.25.  The amendment also created annual cost of living increases, tied to the Consumer Price Index, to be added to the minimum wage each year.  The increases are calculated each September and take effect on the following January.  Therefore, effective January 1, 2015, New Jersey minimum wage will rise from $8.25 to $8.38.  Employers must ensure that all work performed by employees on and after January 1, 2015 is compensated at the increased rate.  Employers should be especially mindful of this change if January 1 falls in the middle of a pay period.

If you have any questions about the minimum wage increase, or any other labor and employment issues, contact the Labor and Employment Attorneys at Giordano, Halleran & Ciesla.

UPDATE: Governor Christie Vetoes Bill Prohibiting Discrimination Against the Unemployed

August 25, 2014 | Comments Off
Posted by Ryan Carlson

On June 4, 2014, we blogged about the New Jersey Senate’s approval of a bill (S.1440) that would make it unlawful for New Jersey employers to discriminate against job applicants who are currently unemployed.  This prohibition would apply to the hiring process as well as to the setting of terms and conditions of employment. Read more

EMPLOYERS BEWARE: New Jersey Implements New Law Governing Criminal Background Checks For Job Candidates Effective March15, 2015

August 14, 2014 | Comments Off
Posted by Jay S. Becker

Co-Authored By Ryan S. Carlson

On August 11, 2014, Governor Chris Christie signed into law the New Jersey Opportunity to Compete Act, A-1999/S-2124 (commonly referred to as the “Ban the Box Law”), which sets forth new requirements governing criminal background checks by prospective employers for job candidates.

Effective March 15, 2015, the law applies to all New Jersey employers with 15 or more employees.  The law prohibits employers from inquiring about a job applicant’s criminal record until after the employer has conducted an initial interview of the applicant. According to the law, it will be illegal for employers to ask applicants whether they have been convicted of a crime on a job application, advertisement or during an initial interview, whether or not the interview is conducted in person or on other platforms such as by telephone or video conference.  After the initial interview, however, the law permits the employer to make any inquiries into the candidate’s criminal history.  The law also provides that an employer cannot refuse to hire an applicant based upon a criminal record that has been expunged or pardoned. Read more

Are College Athletes Students or Employees?

July 11, 2014 | Comments Off
Posted by Jay S. Becker

Players on the Northwestern University football team recently filed a petition with the National Labor Relations Board (NLRB) to organize for collective bargaining purposes. Are college athletes students or employees? Read more

New Jersey Bill Prohibiting Discrimination Against The Unemployed Edges Closer To New Law

June 4, 2014 | Comments Off
Posted by Ryan Carlson

On May 12, 2014, the New Jersey Senate approved a Bill (S.1440) that would make it unlawful for New Jersey employers to discriminate against job applicants who are currently unemployed.  This prohibition would apply to the hiring process as well as to the setting of terms and conditions of employment.

New Jersey law (NJSA 34:8B-1) currently prohibits employers from discriminating against unemployed persons in job postings or advertisements.  The proposed Bill, if passed, would expand protection to preclude discrimination of unemployed individuals with regard to hiring, compensation, or other terms, conditions or privileges of employment.  However, the Bill would not prohibit an employer from inquiring into an applicant’s employment history and the circumstances surrounding an applicant’s separation from prior employment. Read more

Joseph C. DeBlasio, Esq. To Speak at DRI’s 37th Annual Employment and Labor Law Seminar, May 7-9, 2014

April 14, 2014 | Comments Off
Posted by Joseph C. DeBlasio

Joseph C. DeBlasio, Esq., co-chair of the firm’s Labor and Employment Department, will be speaking at the Defense Research Institute’s (DRI) 37th Annual Employment and Labor Law Seminar being held in Scottsdale, Arizona from May 7-9, 2014. On May 7, 2014 at 3:00 pm, Mr. DeBlasio will be presenting on “Making the Most of the Plaintiff- Employee Deposition.” With the majority of employment law cases being resolved prior to trial, taking the plaintiff’s deposition is one of the most critical events. At Mr. DeBlasio’s program, you will learn how to develop a deposition strategy, including the most effective way to get the answers you need.

For more information or to register for this event, please click here.

STATE OF EMERGENCY! New Jersey Bill Seeks to Protect Employees In Weather Related States of Emergency

March 18, 2014 | Comments Off
Posted by Ryan Carlson

We can all agree that New Jersey had a rough winter.  This past winter undoubtedly hampered employee commutes and impacted overall productivity at many workplaces.  Employers also had to make difficult decisions regarding whether or not to open or close the business and if the business is open, what to do with employees who refuse to commute to work under the inclement weather conditions (i.e., charge the employee an earned paid or unpaid sick day, vacation day, or other leave, or count it as an unexcused absence).  Likewise, employees made difficult choices concerning whether to commute to work or risk the loss of paid or unpaid leave. Read more

New Jersey Enacts Pregnancy Discrimination And Accommodation Law Effective Immediately

February 10, 2014 | Comments Off
Posted by Ryan Carlson

On January 21, 2014, Governor Chris Christie signed into law an amendment to the New Jersey Law Against Discrimination (“NJLAD”), N.J.S.A. 10:5-12, prohibiting employers who know or should know that an employee is pregnant or recovering from a pregnancy from discriminating against the employee in her terms and conditions of employment.  The law is effective immediately. Read more

January 6th Deadline For Employers To Comply With Gender Equity Notice And Posting Requirements

January 6, 2014 | Comments Off
Posted by Saranne E. Weimer

Beginning Monday, January 6, 2014, employers with fifty (50) or more employees are required to comply with the New Jersey Gender Equity posting and notice requirements.  The New Jersey law, passed in September of 2012, requires that all covered employers (1) post a notice regarding gender equity in a conspicuous place accessible by all employees, (2) provide a copy of the notice to all employees annually, and (3) receive a signed acknowledgment from the employees each year. Read more

Update: Jersey City Sick Leave Ordinance Posters Now Available For Employers

December 10, 2013 | Comments Off
Posted by Ryan Carlson

On September 25, 2013, Jersey City passed Ordinance Number 13-097, requiring that all Jersey City businesses provide paid sick leave to employees with 10 or more employees. Businesses with less than ten employees must provide unpaid sick leave. Read more

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