By: Kathleen M. Connelly By unanimous decision in the recent case of (July 17, 2012), the New Jersey Supreme Court extended greater protection to employees blowing the whistle on suspected violations of law in the workplace. While the decision may have some positive implications for employers, several aspects of the…
New Jersey Courts have consistently enforced covenants not to compete (also known as restrictive covenants) contained within an employment agreement. Those covenants have traditionally been used by an employer to prevent an employee from leaving his/her employ and immediately soliciting the employer’s customers and/or clients – – many of whom…
Employment Law Newsletter As illustrated in a related article in this issue, employers who fail to comply with the FMLA’s various notice requirements may land an employer in court. Although employers are free to craft their own notices so long as they are compliant with regulatory requirements, the DOL has…
Employment Law Newsletter In , the Appellate Division of the New Jersey Superior Court recently upheld Jennifer O’Brien’s termination for conduct unbecoming a teacher by posting the following comments on Facebook: “I’m not a teacher – I’m a warden for future criminals!” and “They had a scared straight program in…
Employment Law Newsletter Twenty years after its passage, most employers are aware that the Family and Medical Leave Act (FMLA) provides qualifying employees with up to 12 weeks of job-protected leave for varying circumstances. However, employers may not be aware that the U.S. Department of Labor recently issued new rules…
Employment Newsletter On the 20th anniversary of the Family and Medical Leave Act (FMLA), the U.S. Department of Labor (DOL) issued results of a survey of 1800 employers and 2,800 employees designed to measure the law’s impact on these constituent groups. Some of the survey’s more significant findings include: Employer…
Employment Law Newsletter Effective January 1, 2013, employers using third parties to conduct applicant/employee background checks must issue an updated Fair Credit Reporting Act (FCRA) notice to affected applicant/employee. Under the FCRA, employers must issue the updated notice summarizing rights under the FCRA whenever the employer intends to obtain a…
Employment Law Newsletter In a decision that may ultimately negate any post January 2012 decisions issued by the National Labor Relations Board (NLRB), the D.C. Circuit Court of Appeals in January 2013 struck down as unconstitutional three controversial “recess” appointments to the NLRB by President Obama. The court held that…
Employment Law Newsletter Lady Gaga’s formal personal assistant (and former personal friend) has filed suit against the pop star for violation of the overtime payment requirements of the Fair Labor Standards Act (FLSA), which requires overtime payment for all hours worked in excess of 40 hours to employees who are…
Employment Law Newsletter In December 2012, the EEOC approved its Strategic Enforcement Plan announcing six national enforcement priorities the agency will focus on through 2016: equal pay enforcement; protecting immigrant, migrant and other vulnerable workers; addressing “emerging” issues such as pregnancy discrimination/accommodation and expanding coverage of lesbian, gay, bisexual and…