In 2018, New Jersey legislators introduced companion bills S121 and A1242. The legislation was proposed in the wake of the #MeToo movement and sought to ban non-disclosure agreements arising from sexual harassment allegations. The bills met with substantial approval by New Jersey lawmakers, and this March, Governor Phil Murphy signed the legislation into law as an amendment to New Jersey’s Law Against Discrimination.
Labor & Employment Law
A safe and efficient workplace is essential to best attract, maintain and successfully manage employees. Achieving a hostile-free and productive work environment requires not only successful courtroom litigation, but the application of legal experience and skill in the development of preventative measures designed to effectively head-off potential problems that can lead to litigation.
At Hoagland Longo, our responsibility is to ensure our clients make the best employment decisions possible. To achieve that goal, our Labor and Employment Law Department provides a comprehensive, or "wraparound," approach in rendering effective, trustworthy legal services. We have earned a reputation for success within the various courts and among the many municipal branches of government, private businesses and the insurance communities we serve. Our recognized commitment to excellence, both in and outside the courtroom, has yielded successful, cost-effective results for our clients within the courts of the United States, New Jersey State Courts and the New Jersey Administrative Courts and New Jersey State Agencies.
While necessary, courtroom litigation appearances represent only a small part of the legal services that clients should expect from your attorneys. We recognize that to accommodate an employer's personnel interests, all aspects of the employer/employee relationship must be addressed. It is here that our unique, wraparound, approach is so effective. Practice areas and subjects of representation rendered in the accomplishment of this legally comprehensive approach to the strategic objectives of our clients encompass, but are certainly not limited to:
- Effective strategies in the hiring and firing of employees
- Best practices for disseminating and implementing policies and procedures
- Identification and evaluation of employer insurance coverages
- Drafting employment agreements
- Addressing issues of harassment in the workplace
- Addressing issues of discrimination in the workplace
- Addressing issues of retaliation in the workplace
- Understanding the legal rights of disabled employees under the Americans with Disabilities Act & the New Jersey Law Against Discrimination (LAD)
- Defamation of character
- Proper implementation and use of family leave
- Public employers and employees
- Workers' compensation law
Related Blog posts
On February 4th, 2019, Governor Phil Murphy signed a law that will increase the minimum wage in New Jersey. The law provides for the minimum wage to eventually rise to $15.00 per hour by 2024 for most New Jersey workers.
On October 29, 2018, the New Jersey Paid Sick Leave Act (N.J.S.A. 34:11D-1 et seq.) went into effect. This law preempts all local laws regarding paid sick leave. Under the New Jersey Paid Sick Leave Act, employers must provide employees with one hour of paid sick leave for every thirty hours worked, up to forty hours per benefit year.
In labor and employment law cases, a successful plaintiff may be entitled to monetary damages including several years of front pay and/or back pay, in addition to other economic and non-economic damages. But what are the tax implications for a plaintiff who receives such a lump sum award?
The #MeToo movement sparked in the wake of the Harvey Weinstein sexual assault allegations has led policymakers to reconsider the propriety of non-disclosure agreements (NDAs) in employment contracts. Many employers seek NDAs as a condition of settling sexual harassment and other employment discrimination cases. But critics charge such agreements only serve to silence victims and protect companies from public scrutiny of their employment practices.
All New Jersey employers need to be aware of the recent passage of the Diane B. Allen Equal Pay Act, which has been described as one of the strongest “equal pay” laws in the country. The Act, signed into law by Gov. Phil Murphy in April, takes effect on July 1 and requires employers to take certain steps to ensure they are not paying similarly situated employees differently based on sex, race, or other protected employee characteristics.
New Jersey Court Considers Whether State Anti-Discrimination Laws Cover “Telecommuting” Employees Outside the State
Employment discrimination has been in the headlines during the past several months. And although New Jersey has long had strict laws banning sex discrimination in the workplace, it is still unclear how these rules apply to non-traditional work arrangements like telecommuting. After all, thanks to computers and smartphones, many employees can work for a New Jersey-based employer from any state. But are those employees entitled to the protections of the New Jersey Law Against Discrimination (NJLAD
Jennifer Passannante analyzes the new "primary beneficiary" test adopted by the U.S. Department of Labor (DOL) which clarifies when interns and students working at for-profit employers will be considered employees under the Fair Labor Standards Act (FLSA), thereby entitling them to compensation. Find out the facts behind the DOL's recently implemented "Internship Programs under the Fair Labor Standards Act".
Appellate Court Confirms that Agreements to Arbitrate Law Against Discrimination Claims are Enforceable
A recent New Jersey Appellate Division decision has confirmed that agreements between employees and employers to arbitrate discrimination or retaliation claims can be enforced, thereby barring employees from bringing such a lawsuit in civil court. In this blog, Aron Mandel reviews the recent decision and discusses why the employment agreement was found favorable by the court.
Leslie S. Park discusses a recent New Jersey Appellate Division decision that makes clear that general reference of a law, policy or regulation may not be enough to support a claim under CEPA. Learn about how plaintiffs can support a viable CEPA claim and how this relates to the conduct or action causing the complaint.
Being a small business owner does not come without its share of significant challenges. Small business owners must often juggle a host of competing roles, demands, and expectations. This blog addresses the most common issues and some tips for avoiding them.
The job market and application process are increasingly being driven by digital job platforms such as Monster, Indeed, and CareerBuilder, in addition to employers’ own company websites. While perhaps increasing efficiency, these online application platforms also raise unique legal considerations which may potentially increase employers’ exposure to claims of unlawful discrimination.
During the Holiday Season, with decorations, events, and parties being omnipresent, it is easy to see how employers may be faced with a situation where an employee may feel discriminated against or harassed based on their religion or where there are issues with an employee’s religious expression or desire to opt out of holiday festivities. To that end, employers can protect themselves by following a few general guidelines.
The New Jersey Supreme Court recently overturned a decision of a lower Court that prevented testimony alleging a Mayor ordered an after-the-fact cover-up of sexual harassment in a city employee’s suit alleging discrimination. In doing so, the Court may have signaled its approval of an expanded scope of analysis to allow examination of an employer’s corporate attitude and culture before allowing defenses based on the creation and enforcement of anti-discrimination policies.
When Personal Matters Become Office Problems – The Impact of Marriage and Divorce (and Everything In Between) on the Workplace
No two relationships are alike and many do not fit neatly into a “label”. For those employees not single, married, or divorced, but rather somewhere in between, does the law protect them from discrimination based on their marital status?
As the saying goes, “Showing up is half the battle.” In the employment context, showing up to work is actually considered an “essential job function” and may be critical for continued employment.
Co-workers are increasingly chitchatting and swapping information well beyond the classic meeting place: the office water cooler. With LinkedIn, Google+, Facebook, Twitter, Instagram, and Snapchat, among a host of other social media platforms, employees are certainly well-connected.