Policy
One Toke Over the Legal Line Can Result in Employee Firing
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 […]
Harassment: To Report or Not to Report? That is the Question!
“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 […]
Love is in the Air, But Should It Be in the Workplace?
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 […]
Flex Time or Paid Break Time?
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 […]
The Love/Hate Relationship with Social Media
Employers both love and hate social media. On the one hand, it is a great tool to help your business succeed. You can post advertisements and events that very quickly can be seen by hundreds if not thousands of people. With the help of the public, one great post about how great your product is […]
CEPA Found Not to Apply to Volunteer Firefighter
As many employers already know, New Jersey has one of the broadest whistleblower protection laws in the United States. In the past, the Conscientious Employee Protection Act (“CEPA”) has been expansively interpreted to provide wide ranging protections to not only employees who engage in whistleblowing activities but also independent contractors, who while technically not employees, […]
A Lesson From France
You own a thriving business and supply i-Phones and other computer related technologies to keep your employees connected to your office even after normal business hours. It is Saturday night, and you need an urgent answer to a pressing question. You email one of your low level production managers. He hears the “bing’ on his […]
Court Holds that Woman Diagnosed with Cancer Has Not Established that She is Disabled under the ADA
If an employee came to her employer and advised that she had been diagnosed with cancer, wouldn’t you automatically assume that the employee falls with the definition of “disabled” under the Americans with Disabilities Act (“ADA”) due to the diagnosis alone? Not so fast. In a recent Third Circuit case, Alston v. Park Pleasant, Inc., […]
New Federal Overtime Rule On Hold: “What Do We Do Now?”
New employee overtime rules slated to take effect on December 1, 2016, have been placed on a nationwide temporary “hold” pending a final Court hearing on the matter. The new Fair Labor Standards Act regulation, which would have doubled the minimum salary threshold for those not eligible for overtime pay, has been delayed by a […]
Workplace Disputes Do Not Necessarily Lead to a Conscientious Employee Protection Act Claim
Employers will be relieved to hear that the New Jersey Appellate Division recently handed down a pro-employer decision regarding the Conscientious Employee Protection Act (“CEPA”). The case of Ortiz v. Penske Truck Leasing, No. A-3742-14T3 (App. Div. September 13, 2016) re-emphasizes the legal principle that in order for an employee to prevail regarding a CEPA […]
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