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…
Insights
Protecting Privilege Before and After a Cyber Breach
If you are not already thinking about cybersecurity for your company or firm, you should be. Regardless of your organization’s size or industry, cyber crime is probably the greatest threat to your bottom line today. One of the most important things a company/firm can do is to regularly conduct an…
How Are Employer’s Obligated to Accommodate Employees Who Are Also Nursing Mothers?
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…
NJBIZ: Vendor Vexation: Third-Party Providers Can Open Door to Hackers
Lindabury’s Cybersecurity and Data Privacy Practice Group Co-Chair Eric Levine was recently interviewed by NJBIZ regarding the recent security lapse of a South Jersey physicians network which wiped out the password protection on a supposedly secure site. Eric says, “A company that engages in thorough due diligence may be able to use…
Attention All New York Employers: State And City Now Mandate Sexual Annual Harassment Training And Other Measures
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,…
Paid Sick Leave Comes to New Jersey: Time To Update Your Employee Handbook
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…
What Steps Can Employers Take to Ensure Compliance with the Americans with Disabilities Act?
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 A Novel Ruling, New Jersey Appellate Court Hints That Telecommuters Working Outside The State For A New Jersey Employer May Be Entitled To The Protections Of The NJLAD
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…
So You Think Your Handbook Disclaimer Is Adequate? Think Again . . .
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…
New Jersey Legislature’s Potential Response To The #MeToo Movement
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…