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Articles Posted in Labor and Employment

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Third Circuit Decisions Goes Against Trend in New Jersey Employment Law in the Digital World

New Jersey employment law generally recognizes that employees have a limited right to privacy in the workplace, including in their digital life.  However, a recent federal appellate decision limited the reach of employee privacy.  It is an unpublished decision, and therefore not binding.  However, it is a troubling outcome.  …

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Recent Appellate Division Case Expands Whistleblower Protections

New Jersey employment law has some of the strongest employee protections in the United States.  A recent unpublished decision by the Appellate Division of New Jersey’s Superior Court may have expanded those already strong protections.   New Jersey Whistleblower Laws New Jersey has two main employment laws protecting whistleblowers.  The…

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Changes to New Jersey’s Family Leave Act

There are many types of medical leave benefits which exist in New Jersey for employees, and they are ever-expanding and evolving. There is the federal Family Medical Leave Act of 1993 (“FMLA”) which allows an employee to take time off from work either for that employee’s own medical issues or…

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New Jersey Raises Minimum Wage

Background On February 4, 2019, Governor Phil Murphy signed legislation which will raise the minimum wage in increments culminating in a minimum wage of $15 per hour on January 1, 2024.  The new law puts New Jersey at the forefront of the “living wage” movement, while the phase in is…

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Rubio Introduces Freedom to Compete Act

Senator Marco Rubio recently introduced the Freedom to Compete Act. This proposed law would prohibit employers from entering into or enforcing non-compete agreements with lower level employees while simultaneously protecting employers’ trade secrets.   Non-Compete Agreements Non-compete agreements are binding contractual restrictive covenants which limit an employee’s ability to compete…

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Fiduciary Duties: Rights and Obligations to Fellow Owners

The Benefits and Responsibilities of Ownership Becoming the owner of a business has tremendous advantages:  Owners can rise or fall based on their own merits, and when expenses are paid the remaining profits belong to the owners.  However, there are also disadvantages, such as the risk that the business will…

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New Jersey Amends Law Against Discrimination to Protect Employee Breastfeeding

New Jersey’s Law Against Discrimination gives employees some of the strongest legal protections against discrimination and harassment in the nation.  However, these protections have recently been expanded.  In one of his last acts as governor, Chris Christie signed the Legislature’s amendment to the Law Against Discrimination its protections to include…

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Employees’ Duty of Loyalty, Competition and Customer Lists

Some of the areas in which businesses make their largest investments of time and expense are trade secrets (including customer lists) customer relations and client development, and employee development.  However, these interests may conflict, especially when highly placed employees leave a firm.  This is an area of potentially bitter dispute…

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Recent New Jersey Appellate Division Decision Refuses to Compel Arbitration In Age Discrimination Suit

The New Jersey Appellate Division recently issued a decision which found an arbitration agreement unenforceable against a plaintiff who was alleging age discrimination under New Jersey’s Law Against Discrimination, N.J.S.A. 10:5-1 (“LAD”). Our attorneys represent both employers and employees in employment law, and the determination of whether an arbitration agreement…

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New Jersey’s Appellate Division Invalidates Electronic Arbitration Agreement in Employment Case

The Appellate Division of New Jersey’s Superior Court recently issued an instructive decision about arbitration agreements in employment law disputes.  The case does not invalidate arbitration agreements – they are protected by both federal and New Jersey law – but it does show that the trend is that arbitration agreements…

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