A Capehart Scatchard Blog

NJ Appellate Court Weighs in On Medical Marijuana Use and The Workplace

By on April 10, 2019 in Uncategorized with 0 Comments

Recently, I have been getting more and more questions in my counseling practice regarding what employers must do when an employee or prospective employee advises that he/she is a medical marijuana user. Unfortunately, there is a dearth of legal authority that a lawyer can presently consider in providing advice on this topic.  While New Jersey’s […]

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Significant Changes Made to New Jersey’s Leave Laws

By on April 4, 2019 in Legislation with 0 Comments

Governor Murphy ran on an election platform promising a number of pro employee changes to New Jersey’s employment laws. As employers already know, one such change was the passage of New Jersey’s Paid Sick Time Law that went into effect in late October 2018. Continuing that trend, additional legislation was passed and signed into law […]

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“Gag Orders” in Harassment/Discrimination Claims Unenforceable

By on March 27, 2019 in Discrimination with 0 Comments

By:  Carmen Saginario Jr., Esq. Contribution:  Nicole Crincoli, Law Clerk Employers are well aware that state and federal laws prohibit discrimination and harassment in the workplace, and that many settlements of these claims provide for a non-disclosure agreement (“NDA”).   As of March 18, 2019, a new “twist” to New Jersey law prohibits employers from requiring […]

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New Jersey Governor Signs New Minimum Wage Law

By on March 13, 2019 in Legal Alerts with 0 Comments

One of Governor Murphy’s key electoral platforms during his gubernatorial campaign was his goal to increase New Jersey’s minimum wage.  That electoral promise became a reality just a few short weeks ago. On February 4, 2019, Governor Murphy officially signed into law the New Jersey Minimum Wage Bill. The law will ultimately increase the minimum […]

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NJ Department of Labor Issues Proposed Regulations on Earned Sick Leave

By on October 2, 2018 in Employee Rights, Policy with 0 Comments

In advance of the October 29, 2018 effective date for the New Jersey Paid Sick Leave Law (“Law”), which requires every employer to provide earned sick leave to each employee working in New Jersey, the New Jersey Department of Labor and Workforce Development filed proposed rules to implement the Law. The proposed rules expand upon […]

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To Extend (or Not Extend) an ADA Leave of Absence: That is the Question

By on September 6, 2018 in ADA, Employee Rights with 0 Comments

One of the more difficult questions that perplex employers is: When can a leave of absence that has been granted as a form of disability accommodation under the Americans with Disabilities Act (“ADA”) be ended when there are no prospects that the employee will be returning to work in the near future?  I get this […]

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Tattoos at Work: What’s an Employer to Do?

By on August 29, 2018 in Other with 0 Comments

For many rock and roll fans, the Rolling Stones are considered the greatest band in music history.  I was recently listening to the Stone’s iconic album, “Tattoo You”, and it made me think about a legal question that I often get from employers.  At this point, you might be wondering how can that be, but […]

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One Toke Over the Legal Line Can Result in Employee Firing

By on August 22, 2018 in Policy with 0 Comments

Ever since New Jersey’s Compassionate Use Medical Marijuana Act was passed in 2010, one of the issues that employers have wondered about is whether an employee who used medical marijuana could be terminated for violating an employer’s drug and alcohol testing policy.  That question has been the subject of many court decisions throughout the country […]

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Harassment: To Report or Not to Report? That is the Question!

By on August 14, 2018 in Policy with 0 Comments

“The answer is not that simple,” suggested the Third Circuit Court of Appeals in a recent case in which a former employee for the Susquehanna Department of Veterans Affairs who did not follow the employer’s policy sued her employer, claiming her supervisor kissed her and made sexual advances toward her (Minarsky v. Susquehanna County, 895 […]

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Silence is Golden: Someone (Maybe Even Your Own Employees) Might be Taping You

By on July 25, 2018 in Privacy with 0 Comments

As anyone who has read my blog articles know, I get a lot of questions from clients as part of the counseling work that I do, and frequently, I find that clients have the same sorts of questions on a particular topic.  One such question that I get often is whether an employee can surreptitiously […]

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