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Many pregnant women worry about telling their employer the good news, fearing that they will be demoted, terminated, or reassigned to less desirable duties. Before you talk to your employer about your pregnancy, know your rights.
Employment Law
How Employee Handbooks Could Create an Employment Contract
Do you have an employee handbook? Whether you’re an employer or an employee, you should know that in New Jersey, this document can change your rights and responsibilities.
NJ Could Limit the Enforceability of Non-Compete Agreements
A bill pending in the New Jersey legislature would place new restrictions on the use of non-compete agreements between workers and their employers. If enacted into law, Assembly Bill A1769 would establish numerous specific requirements that non-compete agreements must comply with in order to be enforceable within the state.
New Jersey Explores Mandatory Severance for Mass Layoffs
In recent years, several large companies have laid off thousands of New Jersey workers. Although the federal Worker Adjustment and Retraining Notification Act of 1988 (the “WARN Act”) provides some protection to employees of large companies during layoffs, many states, including New Jersey, have additional rules that supplement or reinforce the federal protections for workers subject to mass layoffs. A bill pending in the New Jersey Senate, however, would continue the state’s push to pioneer groundbreaking worker-friendly policies by extending additional protections to employees terminated in large workforce reductions.
Groundbreaking New Law Restricts NJ Employment Agreements
When an employee brings credible, substantiated accusations of sexual harassment or discrimination in a workplace, their employer often settles discreetly for “an undisclosed sum of money” and an agreement to keep everything confidential. A law passed earlier this year in New Jersey declares that such confidentiality and non-disclosure agreements are against the greater interest of the public and, as such, unenforceable. Not only does the new law restrict settlement agreements, it significantly restricts the rights of employers to require that employees broadly waive rights related to pursuing discrimination, retaliation, or harassment claims that may arise during their employment.
Medical Marijuana Case Allowed to Proceed Under NJLAD
In a landmark decision, the New Jersey Appellate Court recently ruled that a plaintiff’s claims for wrongful termination in violation of the New Jersey Law Against Discrimination (NJLAD) could proceed. The significant aspect of this plaintiff’s claim is that his termination was allegedly based on his use of marijuana in accordance with New Jersey’s Compassionate Use Medical Marijuana Act. The Appellate Court reversed the decision of the lower court dismissing his claims outright, ruling that he had pled sufficient allegations to support a claim under the NJLAD and allowing litigation on those claims to go forward.
Prayer in the Workplace—What’s Legal in New Jersey
Private employers balance respecting the rights and diversity of their workers with fostering the moral principles that they support as a company. Unlike public employers, private companies are free to enact religious displays, advocate for one religion over another, and openly engage in religious practices in the workplace. However, both Title VII of the Civil Rights Act of 1964 and the New Jersey Law Against Discrimination (NJLAD) protect New Jersey workers from employment discrimination based on their religion or lack thereof. These laws prohibit employers from discriminating against employees based on religion, both in hiring and during their employment, and make it illegal to force those of faith to suppress or violate their religious beliefs as a condition of obtaining or maintaining employment.
Legal Remedies for Sexual Harassment: What You May Recover
If you’ve suffered from gender-based discrimination or sexual harassment in the workplace or endured a hostile work environment, you’re not alone. New Jersey employees are protected from sex-based harassment and discrimination by Title VII, the federal law prohibiting discrimination, as well as the New Jersey Law Against Discrimination (NJLAD). You may wonder, however, what kind of compensation you can actually recover from your employer or the individuals responsible for the harassment.
Racial Pay Gaps Persist Despite Efforts
Despite laws prohibiting pay discrimination based on race, gender, national origin, or ethnicity, including Title VII of the Civil Rights Act and the New Jersey Law Against Discrimination (NJLAD), significant wage gaps persist between white male employees and other demographics.
Can #MeToo Lead to a Hostile Work Environment?
As the #MeToo movement brings workplace sexual harassment into the spotlight, some people are expressing concerns. As some employees speak up about their experiences and complaints, others can feel blamed, attacked, or otherwise uncomfortable. For employers, it’s important to develop protocols for properly handling these kinds of situations and ensuring that all employees have a safe working environment.
