A Capehart Scatchard Blog

Are You Ready: A Summary of Federal COVID-19 Leave Laws

Co-Authored by: Lara Ruggerio, Esq. As of today, April 1, 2020, employers must now comply with the two new federal leave laws recently passed to deal with employee work absences resulting from the COVID 19 crisis. These laws, the Paid Emergency Sick Leave Act and the Emergency Family and Medical Leave Expansion Act, impose new […]

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COVID-19: What Can An Employer Do?

By on March 26, 2020 in ADA, HRE Resource with 0 Comments

As many businesses are temporarily shutting down due to Governor Murphy’s closure order here in New Jersey, what can those other employers do who remain open to help safeguard against COVID-19 infestation of its workplace. Well, the answer might surprise you thanks to a recent guidance from the Equal Employment Opportunity Commission (“EEOC”). Under this […]

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Be Warned About NJ WARN

Employers already know that, anytime a mass layoff or plant closing is contemplated, there are significant federal and New Jersey state law notice requirements. This past January, 2020, Governor Murphy signed into law a radical legislative amendment to the New Jersey WARN Law (known officially as the “Millville Dallas Airmotive Plant Job Loss Notification Act”) […]

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US Department of Labor Announces New Overtime Rules

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

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?

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

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

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

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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