On March 27, 2020 the President Trump signed into law a massive stimulus bill, H.R. 748, which provides, among other things, a host of employment related protections and benefits to New Jersey workers. The stimulus package, titled the Coronavirus Aid, Relief, and Economic Security Act, or the CARES Act (hereinafter…
New Jersey Employment Lawyers Blog
Can an Employee be Terminated for Reporting Violations of New Jersey’s COVID-19 Executive Order 107?
An employee may have a claim for whistle-blower retaliation under New Jersey state law if their employer takes adverse employment action against him or her for complaining directly to the employer or or reporting violations of New Jersey Executive Order 107 to a governmental agency. Executive Order 107 was signed by…
Is it Unlawful to Terminate an Employee Because they have COVID-19?
For New Jersey employees, the short answer is yes. On March 20, 2020, Governor Murphy signed into law new legislation that makes it unlawful for an employer to take adverse employment actions, including termination, against any employee for requesting or taking time off from work because the employee has or…
New Jersey COVID-19 Legislative Update
Earlier this week, we wrote about a package of proposed bills submitted by the New Jersey Assembly Democratic Caucus, designed to provide relief for New Jersey citizens suffering the impacts of the coronavirus pandemic (“Coronavirus”). Specifically, we focused on three proposals designed to address some the employment-related impacts of the…
New Jersey Legislature Releases Proposed COVID-19 Employment Protections
The New Jersey Assembly Democratic Caucus will introduce a package of 25 bills, each designed to address a different aspect of the impact from the novel coronavirus COVID-19 pandemic (“Coronavirus”). Some of these impacts are directly related to the Coronavirus, but many others are the downstream, unintended but unavoidable consequences…
Can I Collect Benefits Due to Corona Virus-Related Layoff or Business Closing?
Many businesses and schools have or will be closing due to the Corona-Virus. While some New Jersey workers can still perform their job duties and responsibilities from home, others cannot and will be temporarily or permanently separated from their employment. For those people who are separated from their employment for…
Can I Collect Benefits If I Need Leave From Work Because of the Corona Virus?
It is unknown how many workers across New Jersey will fall ill with COVID-19 or be quarantined as a result of a Coronavirus exposure. Many school districts across New Jersey have already closed, with more anticipated to be closed imminently. Many New Jersey working families will need to take FMLA…
Supreme Court Allows Employee Terminated for Medical Marijuana Law to Proceed with Discrimination Lawsuit
The New Jersey Supreme Court has issued an important decision holding that an employer’s refusal to permit an employee to use medical marijuana can constitute a violation of the New Jersey Law Against Discrimination. The New Jersey Legislature has in recent years recognized the medical benefits of cannabis use to treat…
Division of Civil Rights Publishes New Jersey Equal Pay Act Guidelines
The New Jersey Division of Civil Rights has published its guidelines concerning the administration of the New Jersey Diane B. Allen Equal Pay Act. The New Jersey Equal Pay Act, first enacted into law in 2018, makes it unlawful for employers to engage in discriminatory compensation practices and retaliate against employees…
Revisiting Battaglia v. UPS: New Jersey Employment Retaliation Law
An employee is protected from retaliation from his or her employer when he or she engages in protected activity under the New Jersey Law Against Discrimination. But what constitutes protected activity? Is any complaint covered? Or does the employee complaint have to one that the complained of conduct violate the…