A Capehart Scatchard Blog

US Department of Labor Announces New Overtime Rules

By on October 1, 2019 in Legislation with 0 Comments

Just a few years ago, employers were preparing to follow what were to become new overtime rules that were going into effect near the end of the Obama administration.  Those rules were sidetracked by an unexpected court ruling that struck the new rules down and declared them to be unenforceable. Since that time, employers have […]

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New Jersey’s Groundbreaking New Wage Anti-Theft Law

By on August 28, 2019 in Legislation, Policy with 0 Comments

In the past, employees who believed that they were not properly paid in line with minimum wage and overtime pay requirements under New Jersey’s wage payment law could either bring a lawsuit in state court or file an administrative claim with the New Jersey Department of Labor to recoup unpaid wages. Many politicians and leading […]

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Arbitration Clauses: Valid or Invalid?

By on June 19, 2019 in Arbitration with 0 Comments

The answer is “Valid,” thanks to the efforts of Capehart Scatchard shareholder Laura D. Ruccolo, Esq. who won a landmark decision on June 5, 2019, which will impact business entities in New Jersey for many years to come. Who Decides Whether an Arbitration Clause in a Commercial Contract is Valid?   “The arbitrator,” said the […]

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

By on April 10, 2019 in Court Rulings 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:  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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