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Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events

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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…

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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,…

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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…

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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…

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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…

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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…

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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…

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Legislature Amends The NJLAD To Significantly Expand Equal Pay Rights And Curtail The Ability Of Employers To Enter Into Agreements With Employees To Waive Protections Of The NJLAD

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…

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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…

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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,…