By: Eric Levine, Esq. In its recent decision in the Third Circuit Court of Appeals (which includes New Jersey) issued a ruling that signals heightened obligations for employers communicating with employees about their rights under the Family Medical Leave Act (“FMLA”). Prior to that ruling, employers typically relied upon the…
Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events
Governor Christie Signs Major Alimony Reform Bill Into Law
By: James McGlew On September 10, 2014, Governor Christie signed into law A845 which makes significant changes to New Jersey alimony law. The reformed alimony statute will dramatically impact the way spousal support is calculated going forward. Important changes to New Jersey alimony include: The elimination of “permanent alimony” which has…
Employers Take Notice – New Jersey has “Banned the Box”
On August 11, 2014, Governor Christie signed into law “The Opportunity To Compete Act” (the “Act”)[1]. In adopting that law, the legislature specifically found that “removing obstacles to employment for people with criminal records provides economic and social opportunities to a large group of people living in New Jersey, increasing…
EEOC Outlines New Guidance on Religious Garb and Grooming in the Workplace
By: Sergio D. Simoes On March 6, 2014, the Equal Employment Opportunity Commission (the “EEOC”) released new guidelines on how federal employment discrimination law, specifically Title VII of the Civil Rights Act of 1964, applies to religious dress and grooming practices, and what steps employers can take to meet their…
Gender Equality in The Payment of Wages in New Jersey
In September of 2012, Governor Christie signed a new law requiring every employer in New Jersey that employs 50 or more employees to post a notice that was prepared by the New Jersey Department of Labor and Workforce Development and that addresses gender equality in the payment of wages and…
IRS Adopts a Uniform Policy: All Legal Same-Sex Marriages Recognized for Federal Tax Purposes
In the wake of the U.S. Supreme Court’s recent landmark decision in , the U.S. Department of the Treasury and the Internal Revenue Service (“IRS”) ruled that same-sex marriages will be recognized for federal tax purposes, even if the married couple is domiciled in a state that does not recognize…
Withdrawal Liability Primer
What is Withdrawal Liability? Withdrawal liability only accrues when the employer has contributed to a defined benefit (DB) plan and the DB plan is not fully funded. It is equal to the employer’s share of a DB plan’s Unfunded Vested Benefits (UVB). Liability is triggered upon complete, partial or mass…
New Jersey Becomes the Latest State to Extend Additional Leave Rights to Victims of Domestic Violence and Their Families
Employment Law Newsletter For several decades New Jersey employers with 50 or more employees have been grappling with the administration of employee leave rights – 12 weeks in any 12- or 24- month period – under the federal Family and Medical Leave Act (FMLA) and the New Jersey Family Leave…
The Supreme Court Eases Burden for Retaliation Claims Under the LAD
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…
Proposed Legislation Could Change the Competitive Playing Field in New Jersey
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…