Tag: New Jersey Law Against Discrimination
Beware the Job Interview!
Just a few weeks ago, I did a training on an often overlooked dangerous legal area for employers: the job interview. One of the things that I harped on repeatedly during my talk was how participants in the interview process must know what is (and is not) legally appropriate. A recent case here in New […]
LAD Arbitration Limitation Struck Down By Federal Court
In 2019, when the New Jersey Law Against Discrimination (“LAD”) was amended at the height of the “Me Too” movement, one change made was adding a provision that precluded an employer from requiring an employee to waive their right under the LAD to a jury trial. Most employment law practitioners understood that this provision was […]
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 […]
Employers Need to Consider NJ Pay Equity Law When Evaluating Employee Pay Practices
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 […]
Breastfeeding and Expressing Milk at Work: New Protections Under NJ Law
Most employers are aware that they cannot discriminate against an employee on the basis of pregnancy. But what about the mother who returns from leave after having a child and continues to breastfeed and express milk? As of January 8, 2018, those mothers are now “protected” against discrimination in the workplace under a new law […]
Beware of Carelessly Drafted Employee Arbitration Agreements
Many employers today utilize employee arbitration agreements as a means of eliminating potential court litigation. In place of pursuing legal claims in a judicial forum, the arbitration agreement substitutes a private resolution mechanism, such as utilization of an arbitrator, to resolve employee legal grievances. Arbitration agreements are an effective way of keeping employee disputes outside […]
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