A Capehart Scatchard Blog

Preparing for New Jersey’s Earned Sick Leave Law

By on June 8, 2018 in Legal Alerts with 0 Comments

By: Primitivo J. Cruz, Esq. Co-Written By: William R. Burns, Esq. On October 29, 2018 New Jersey’s Earned Sick Leave Act will go into effect.  This new law will impact almost every employer with workers in New Jersey and businesses should begin preparing now to ensure your policies and practices are compliant with the law. Covered […]

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New Jersey Equal Pay Act Takes Effect July 1, 2018

By on May 2, 2018 in Legal Alerts with 2 Comments

If you are a New Jersey employer and you have never heard of the Diane B. Allen Equal Pay Act (“Equal Pay Act”), pay close attention. At the end of March 2018, the New Jersey Legislature sent the Equal Pay Act to the Governor of New Jersey, Phil Murphy, for his signature.  Governor Murphy signed the […]

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Will Medical Marijuana Users Soon Have Legal Protections in the New Jersey Workplace?

By on April 25, 2018 in Other with 0 Comments

Get ready! Medical marijuana users in New Jersey may soon have new protections in the workplace.  Currently in New Jersey, employers have no strict obligation to accommodate medical marijuana users and employers may lawfully terminate an employee who fails a drug test, even if the use is medicinal.  Despite the current view in New Jersey, […]

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The Importance of Job Descriptions

By on March 28, 2018 in Other with 0 Comments

Job descriptions are one of the most important tools in an employers’ toolbox, yet so many employers do not take job descriptions as seriously as they should.  Whenever I first meet with a new or potential client, one of my first questions is whether the employer has job descriptions for each job title in the […]

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Love is in the Air, But Should It Be in the Workplace?

By on February 14, 2018 in Policy with 0 Comments

Happy Valentine’s Day! In the spirit of today’s holiday, a question that I frequently receive in my practice is: should a company implement any sort of dating policy for employees, or even go so far as to actually ban such relationships totally among its employees? As hard as it might be to believe, it was […]

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Breastfeeding and Expressing Milk at Work: New Protections Under NJ Law

By on February 1, 2018 in Employee Rights with 0 Comments

Most employers are aware that they cannot discriminate against an employee on the basis of pregnancy.  But what about the mother who returns from leave after having a child and continues to breastfeed and express milk? As of January 8, 2018, those mothers are now “protected” against discrimination in the workplace under a new law […]

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How Tax Reform May Impact Sexual Harassment Lawsuits

By on January 10, 2018 in Legislation with 0 Comments

It is no secret that sexual harassment and the prevention of same in the workplace has become an increasingly popular topic. In response, businesses have started to take a closer look at their anti-harassment policies and how they are enforced.  Interestingly, lawmakers have also become focused on this issue and have now included a provision […]

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Does Transferring a “Disabled” Employee to Another Job Violate the N.J. Law Against Discrimination?

By on December 12, 2017 in Discrimination with 0 Comments

Answer: “Not necessarily,” said two Appellate Judges in Brancaccio v. City of Hackensack issued on December 5, 2017. So What was the Claim? Bryan Brancaccio, a full-time firefighter in Hackensack, was originally assigned to work “platoon work” where he responded to scenes of fires wearing fire equipment and performed the tasks necessary to extinguish fires. […]

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Are Transgender Individuals Protected from Discrimination under Title VII?

By on November 27, 2017 in Discrimination with 0 Comments

Title VII is a federal law that prohibits discrimination in the workplace on the basis of certain protected characteristics, including gender. Recently, there has been intense discussion as to whether or not transgender individuals are covered by the gender discrimination prohibition of Title VII.  Although the United States Justice Department has expressed certain views on […]

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Flex Time or Paid Break Time?

By on October 24, 2017 in Policy with 0 Comments

Even if employees are not provided with a lunch break, throughout the course of the workday there are, almost always, short periods of time where an employee is present in the workplace but not performing actual job tasks. Some examples include a walk to the restroom, time spent in the restroom, time spent grabbing a […]

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