New Jersey employers are reminded that the state minimum wage will increase again in 2026 in accordance with the New Jersey Minimum Wage Act, which requires the New Jersey Department of Labor and Workforce Development to set the statewide minimum wage each year based on any increase in the Consumer…
On December 26, 2025, the New Jersey Appellate Division determined that sexual harassment claims, if plausibly pled, could keep an entire employment lawsuit out of arbitration, including any non-sexual harassment claims asserted by a plaintiff. In the consolidated cases of McDermott v. Guaranteed Rate, Inc. and Rivera-Santana v. CJF Shipping,…
Background The Third Circuit recently ruled that an employee’s violation of workplace cyber policies does not amount to “unauthorized access” under the federal Computer Fraud and Abuse Act (CFAA). In NRA Group, LLC v. Durenleau, the company sued two former employees for sharing passwords and accessing systems in violation of…
On June 20, 2025, the U.S. Supreme Court held in Stanley v. City of Sanford that retirees are not “qualified individuals” under the Americans with Disabilities Act (ADA) and therefore cannot bring employment discrimination claims based on events that occurred after they retire. Writing for the majority, Justice Neil Gorsuch…
On June 5, 2025, the United States Supreme Court in Ames v. Ohio Department of Youth Services unanimously held that plaintiffs from majority demographic groups do not have to satisfy a heightened burden to prove discrimination under Title VII. Although lower courts were split on the issue, the Court’s decision…
On April 3rd, 2025, the New Jersey Department of Labor and Workforce Development proposed new rules, which are designed to clarify the application of the “ABC test.” The ABC test is a legal standard used to determine whether a worker is an independent contractor or an employee for purposes of…
On June 1st, 2025, New Jersey’s Pay Transparency Act (the “Act”) goes into effect, requiring New Jersey employers to identify certain wage or salary information in both internal and external job postings. The Act is another effort in a series of steps taken by the state of New Jersey to…
On April 17th, 2025, the United States Supreme Court issued a unanimous opinion in Cunningham v. Cornell University establishing a plaintiff-friendly pleading standard applicable to prohibited transaction claims under the Employee Retirement Income Security Act (“ERISA”). The Court’s holding makes it significantly easier for plaintiffs to defeat early-stage motions to…
On March 17, 2025, the New Jersey Supreme Court issued a unanimous decision finding that commissions are wages under the New Jersey Wage Payment Law (“WPL”) because they are “direct monetary compensation for labor or services rendered by an employee.” There are no exceptions – compensating an employee by paying…
On January 16, 2025, New Jersey’s Data Protection Act (“NJDPA” or the “Act”) went into effect, making New Jersey the nineteenth state to adopt a comprehensive data privacy law. The opportunity to cure any defects under the law will sunset on July 1, 2026. Therefore, it is critical that covered…