By Bruce Atkins | Published August 27, 2024 | Posted in restrictive covenants | Tagged Tags: confidential information, employment agreements, obligations, rights | Comments Off on What Restrictive Covenants Are Valid in New Jersey Employment?
What Restrictive Covenants Are Valid in New Jersey Employment?
In 2024, the Federal Trade Commission (FTC) instituted a sweeping ban on non-compete agreements, drastically altering many employment contracts nationwide. However, even in the wake of this significant regulatory change, employers in New Jersey still have access to other types of restrictive covenants that, when properly drafted, remain enforceable. These include non-disclosure agreements (NDAs), non-solicitation Read More
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What to Do if You’re Being Terminated and Offered Severance
If your employment in New Jersey has been terminated, you may be faced with the decision about whether to accept a severance package. New Jersey law does not mandate that employers provide severance pay unless stipulated by a collective bargaining agreement or employment contract. However, many companies voluntarily offer severance packages to terminated employees. Understanding Read More
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How New Jersey Whistleblowers Can Gain CEPA Benefits
The New Jersey Conscientious Employee Protection Act (CEPA) is a powerful law designed to promote transparency and integrity within New Jersey’s workforce. Its primary purpose is to encourage employees to report illegal or unethical activities without fear of retaliation from their employers. CEPA is the state’s “whistleblower law.” It covers employees who disclose or threaten Read More
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Red Flags to Watch for in Negotiating Employment Contracts
When an employer asks you to sign a contract as a condition of giving you the job, it’s essential to proceed with caution. This document will govern your employment relationship and outline your rights and responsibilities, so understanding every clause is critical. Begin by scrutinizing the compensation and benefits section to ensure it aligns with Read More
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New Jersey Senate Advances Law to Prohibit Job Discrimination Based on Weight and Height
The New Jersey Senate has taken a significant step towards expanding protections against workplace discrimination by passing a bill that bans discrimination based on height and weight. The measure would amend the state Law Against Discrimination (LAD) to include these physical attributes as a basis for the law’s protection. The bill, S1602, approved by the Read More
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New Jersey Bill Would Require Employers to Adopt Heat Stress Prevention Plans
New Jersey lawmakers are advancing a measure to protect workers from the dangers of heat stress, a growing concern as climate change pushes temperatures to unprecedented levels. The bill, introduced in January 2024, seeks to establish standards that would mandate employers to safeguard their employees from the harmful effects of excessive heat. This legislative initiative Read More
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NJ Bill Would Make It Easier to Prove Hostile Workplace Sexual Harassment
A bill pending in the New Jersey Legislature is aimed at lowering the standard for proving hostile workplace sexual harassment under the New Jersey Law Against Discrimination (NJLAD). If passed, Assembly Bill 2443 would codify the definition of hostile workplace sexual harassment as conduct that occurred because of a person’s sex and which a reasonable Read More
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Impact of the FTC’s Ban on Noncompetes Between Employees and Employers
A noncompete agreement is a contractual obligation between an employer and an employee that typically prohibits the employee from working for a competing business or starting a competing business for a specified period after the employment relationship ends. These agreements often include geographic restrictions as well. The intent is to protect the employer’s business interests, Read More
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NJ Supreme Court Voids Non-Disparagement Provision in Employment Bias Case
In a significant decision for New Jersey workers, the New Jersey Supreme Court ruled in that non-disparagement clauses cannot be used to silence victims of discrimination, harassment, or retaliation in employment or settlement agreements. Non-disparagement clauses, often included in employment contracts and settlement agreements, are designed to prevent individuals from making negative statements about their Read More
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Recognizing Behaviors That Can Foster a Hostile Work Environment
For decades, New Jersey has been at the forefront of laws against discrimination in the workplace, including harassment of employees based on race, ethnicity, faith, gender and other personal characteristics. One type of harassment is the creation or tolerance of a hostile work environment. This means subjecting employees to unwelcome conduct that is severe or Read More
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