I. Where We Are A. What Are Restrictive Covenants in the Employment Setting in New Jersey? Generally speaking, restrictive covenants in an employment setting take one of three forms: a covenant not to compete, a non-solicitation covenant, and/or a non-disclosure covenant. A covenant-not-to-compete restricts a former employee from becoming employed…
Employers doing business in New Jersey have been subject to both the federal and state Worker Adjustment and Retraining Notification Act (“WARN”) for more than ten years. Under the prior laws, if an employer were to close a facility employing more than 50 fulltime employees, it was required to provide…
New Jersey has one of the most progressive laws prohibiting discrimination in the workplace, as well as in places of public accommodation. That law’s protections against race discrimination have been further expanded under recent legislation signed into law by Governor Murphy. The new act is commonly known as the “Crown…
Lindabury’s Employment Law Group partner, Kathleen Connelly joins Jeanie Coomber for her podcast series One Woman Today discussing “Workplace Sensitivity Training, Harassment and Bullying”. In their conversation, Kathleen shares her wisdom on what constitutes “bad behavior” and how education of employees and thorough and fair investigations is paramount for employers.…
New Jersey has adopted one of the strongest wage theft laws in the country and jumps to the forefront in protecting employee wages. Effective November 1, 2019, New Jersey employers will face enhanced civil and criminal penalties, including possible jail time, for failing to pay employees in accordance with the…
It has been nearly two years since the viral #MeToo tweet that sparked a national debate about sexual harassment in the workplace. While #MeToo has not changed the legal standard by which sexual harassment is defined in New Jersey, it has had a dramatic impact on the way sexual harassment…
Kathleen M. Connelly, a member of Lindabury’s Employment Law practice group, was recently interviewed by ROI-NJ regarding the Jake Honig Compassionate Use Medical Cannabis Act, which was signed into law by Gov. Phil Murphy on July 2nd. New Jersey joins a growing list of states enforcing workplace protections for medical…
In February of 2019 Governor Murphy signed into law sweeping legislation that significantly expands employee rights to family leave entitlements, provides greater family leave insurance benefits to employees during a leave, expands the definition of “family members,” and finally, provides greater job security to individuals taking family leave. It is…
When hiring, many employers do not give proper consideration to whether newly hired employees should be classified as “exempt” employees who by law are not entitled to overtime pay for hours worked in excess of 40 hours in any workweek, or “nonexempt” employees who are entitled to overtime pay. A…
As yet another consequence of the #metoo movement, the New Jersey Legislature has passed legislation aimed at prohibiting employers from including certain waiver provisions and non-disclosure clauses routinely found in employment agreements. Senate Bill No. 121 (“the Bill”) , which is expected to be signed by signed by the Governor,…