A Capehart Scatchard Blog

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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Employers Need to Consider NJ Pay Equity Law When Evaluating Employee Pay Practices

By on July 13, 2018 in Legislation with 0 Comments

Background The Diane B. Allen Equal Pay Act, one of the most pro-employee equal pay laws in in the nation, took effect on July 1, 2018. The law expands the already broad and expansive New Jersey Law Against Discrimination (“NJLAD”) by strengthening protections against employment discrimination and pay inequity.  Though many think the law only […]

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What Summer HR Projects Do You Have Planned?

Now that the warm weather is upon us and things are “slowing down” due to vacations, it’s a good time to sit back with a cool drink and carefully evaluate whether our HR practices are “up to snuff.”  If the answer to any of the following questions is “no,” your company may be risking costly […]

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Ooooh That Smell, The Smell that Surrounds (Your Employees?)

For fans of the rock band, Lynyrd Skynyrd, forgive my modification of the lyrics to one of the band’s most iconic songs, but it perfectly captures a moment I experienced recently fielding one of the more interesting counseling questions that I received from a client this year. The client wanted to know whether it could […]

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Preparing for New Jersey’s Earned Sick Leave Law

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

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 Businesses and Employees The coverage of the law  is broad.  It […]

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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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