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.

Reports and Materials Generated During Voluntary Compliance Audits May Be Discoverable in Litigation

In light of a recent Third Circuit decision, Craig v. Rite Aid Corp., No. 4:08-CV-2317 (M.D.Pa., Dec. 29, 2010), employers conducting voluntary compliance audits should proceed with caution, because any materials or reports generated during the process may be discoverable in subsequent litigation.

An Employer’s Right to Monitor Text Messages, and Other Forms of Electronic Communications

Q:  Can a public employer search an employee’s text messages?  Under certain circumstances and the right policy in place, the United States Supreme Court says YES.
A:  On June 17, 2010, in City of Ontario v. Quon, No. 08-1332, the U.S. Supreme Court unanimously ruled that a California city’s search of a police officer’s text messages on a City owned [...]