By Bruce Atkins | Published April 15, 2023 | Posted in Employment Law, Retaliation and Whistleblowing | Tagged Tags: CEPA, out-of-state employees | Comments Off on NJ Whistleblower Law May Apply to a Company’s Out-of-State Employees
New Jersey’s Conscientious Employee Protection Act (CEPA) was described as the nation’s “most far reaching whistleblower statute” when it was enacted in 1986. The purpose of CEPA is to protect whistleblowing activities that benefit the health, safety and welfare of the public by giving employees protection when they report their employers’ unlawful conduct. It protects Read More
Read MoreAmong the many hurdles faced by immigrants to the U.S., getting a desirable job can be one of the biggest. Companies of all sizes and across various industries sometimes exhibit prejudice against hiring foreign-born workers, even those whose employment is authorized by law. However, it is illegal for employers to discriminate against job candidates or Read More
Read MoreA hostile work environment is a type of sexual harassment that occurs when an employee is subjected to unwelcome verbal or physical conduct that is so severe or pervasive that a reasonable person would find the workplace intolerable. Typically, the unwelcome conduct must be persistent and repeated. However, in New Jersey, a single incident can Read More
Read MoreRecreational use of cannabis was legalized in New Jersey in 2021. For the first year or more, there was some uncertainty regarding how employers could treat employees who tested positive for cannabis. In September 2022, the NJ Cannabis Regulatory Commission (NJ-CRC) provided some welcome updates about employers’ regulation of marijuana use in the workplace. It Read More
Read MoreSeveral new employment laws either came into effect or will go into effect in the first few months of the new year. Most of the new laws benefit employees in New Jersey, including modest minimum wage increases across all industries and enhancements to compensation and protections for employees facing mass layoffs. As of January 1, Read More
Read MoreThe federal Family Medical Leave Act (FMLA) gives many employees the right to take up to 12 weeks of unpaid leave per year to take care of their own serious medical conditions or those of family members. However, employers sometimes fail to comply with the FMLA by disallowing leave, by cutting the pay of employees Read More
Read MoreThe difference between an independent contract and an employee is a major point of friction in employment law. Companies often misclassify workers as independent contractors, either intentionally or by mistake. When done intentionally, it’s usually an effort to save money by not having to pay for a worker’s health insurance and other benefits and not Read More
Read MoreArbitration provisions in employment agreements require employees to have their disputes decided by private judges, usually of the employer’s own choosing, rather than go to court. Employers generally benefit from these clauses. But the U.S. Supreme Court has now ruled that an employer might waive its right to compel arbitration by not making a timely Read More
Read MoreA recent decision by a New Jersey appeals court upholds the enforceability of contract provisions that forbid employers or employees from disparaging or impugning each other’s reputation. The ruling is notable because the court distinguished non-disparagement clauses from nondisclosure agreements (NDAs), which in many cases are unenforceable against employees or former employees under NJ law. Read More
Read MoreThe workplace is supposed to be a professional and safe environment where people can do their jobs without interference. Unfortunately, some people bring discriminatory attitudes and behaviors to work, to the annoyance of subordinates or co-workers. In New Jersey, if the conduct is sufficiently severe or pervasive, it can create a hostile work environment, which Read More
Read More