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…
Insights
Under What Circumstances May Private Employers Test Employees And Job Applicants For Alcohol And Illegal Drugs?
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…
How Do I Minimize the Risk of Discrimination in the Workplace?
Discrimination is one of the most significant areas of legal exposure for employers. Employers face potential liability for discrimination claims throughout every stage of the employment relationship. Avoiding employment liability requires sensitivity to a wide variety of legally protected characteristics, including race, color, religion or creed, national origin or ancestry,…
EU Has Figured Out Privacy, Why Can’t We?
Robert Anderson, Co-Chair of Lindabury’s Cybersecurity & Data Privacy practice group was recently interviewed by ROI-NJ’s Tom Bergeron in regards to the European Union’s May 25th institution of the General Data Protection Regulation (GDPR). Bob feels GDPR will have a huge impact in Europe where there is a different view…
What is the Risk of Creating For-Cause Employment Relationships?
You may recall an earlier discussion of at-will employment in the context of employee handbooks where we defined at-will employment as meaning that either the employee or employer may terminate the employment relationship at any time and for any non-discriminatory reason. In contrast, a for-cause employment relationship can only be…
The Digital Landscape Evolves
Cybersecurity & Data Privacy practice group co-chair, Robert Anderson’s recent interview has been included in New Jersey Business Magazine’s recent cover story ” The Digital Landscape Evolves”. Regarding employees who work remotely, who may now pose a risk to their companies Bob says, ” I think everybody, every company, realistically,…
Repeal of New Jersey’s Estate Tax and Increased Federal Exemptions Creates Opportunity to Review Estate Plans
In view of the repeal of the New Jersey estate tax as of January 1, 2018, as well as the recent significant increases in the federal estate, gift and generation-skipping transfer tax (“GST”) exemptions to $11,180,000 per person, also effective January 1, 2018, many clients should review their estate plans.…
Pay Attention to Red Flags in Estate Planning to Avoid Litigation After Death
Years of experience in administering estates have taught us that the best way to avoid litigation after death is to plan during life. We have come to identify several “red flags” that, when not addressed during estate planning, are more often than not resolved in a courtroom. Not only does…
Why Do I Need An Employee Handbook?
Although there is no federal law requiring private employers to provide handbooks to their employees, there are numerous reasons for employers to do so, including: Providing an opportunity to formally welcome new employees, introduce the organization and explain expectations; Grouping various employment policies together in a handbook makes it easier…
POLST vs. Advance Directive – What’s the Difference?
An advance directive for health care (“Advance Directive”) is a legal document that expresses an individual’s wishes regarding end of life medical treatment, and can include a designation of another person as his or her health care representative. In contrast, a POLST, Practitioner Orders for Life-Sustaining Treatment, is a health…