The floodgate of sexual harassment allegations spawned by the #MeToo movement is evidence that employers have dropped the ball on fostering work environments free from inappropriate sexual behaviors. The good news is, there are three simple steps employers can take to begin preventing workplace harassment from occurring — and potentially…
Effective January 8, 2018, the New Jersey Law Against Discrimination (“NJLAD”) was amended to include breastfeeding as a protected category. Under the amended law, employers must provide nursing mothers with reasonable breaks during the work day and a suitable private location close to the employee’s work area to express milk…
In the wake of the #MeToo and #TimesUp movements, the New York Legislature and the New York City Counsel have adopted groundbreaking legislation imposing significant employer obligations and expanding employee protections for unlawful sexual harassment in the workplace. New York State Legislation: As part of its 2018-2019 state budget bill,…
In recent years many New Jersey municipalities passed varying ordinances requiring employees within their jurisdictions to be afforded paid sick leave benefits. To the relief of those employers who were dealing with the patchwork of local sick leave ordinances, on May 2, 2018, Governor Murphy signed New Jersey’s first state-wide…
Similar to other federal anti-discrimination laws, the Americans with Disabilities Act (ADA) expressly prohibits employers from discriminating against employees on the basis of disability. The ADA, however, is unique in that it requires an employer to provide a reasonable accommodation to its disabled employees. Ordinarily, it is up to the…
In its recent decision in Trevejo v. Legal Cost Control, Inc., the Appellate Division signaled that the anti-discrimination protections of the New Jersey Law Against Discrimination (NJLAD) may be applied extraterritorially to employees who are not inhabitants of New Jersey, who do not come into the State to perform any…
This past February the Appellate Division of the New Jersey Superior Court issued its unreported opinion in Maselli v. Valley National Bancorp (the “Bank”), a case that serves as a stark warning to employers of the exacting standards that must be met before a contractual disclaimer in an employee handbook…
Since the #MeToo movement captured the public’s attention, state legislatures across the country have proposed legislation banning the confidentiality of settlement agreements and mandatory arbitration of sexual harassment claims. A comprehensive bill pending before the New Jersey State Legislature, Senate Bill S3581, goes farther, banning employers from including a jury…
On April 24, 2018 Governor Murphy signed into law a bill amending the New Jersey Law Against Discrimination (NJLAD) to strengthen its existing pay equity protections and other remedies available under the statue. These changes will go into effect on July 1, 2018. Although principally aimed at remediating the pay…
Employees impaired by drugs or alcohol impact workplace safety, as well as productivity. Therefore, private employers may choose to implement drug and alcohol testing program as part of an effort to maintain the safety and health of their workplace. There is no New Jersey statute that currently regulates how or…