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Articles Posted in Labor and Employment

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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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Changes to New Jersey’s Expungement Law

In December of 2017 New Jersey’s then-Governor Chris Christie signed off on several pieces of legislation to help those with criminal histories turn their lives around and become more productive members of society. For example, Governor Christie signed off on a bill barring employers from inquiring about an applicant’s criminal…

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Recent District of New Jersey Decision Demonstrates Why Federal and New Jersey Employment Law Need to be Amended

The United States District Court for the District of New Jersey recently issued a decision which illustrates some of the weaknesses in both Federal and New Jersey Employment law, particularly Title VII of the Civil Rights Act of 1964 and New Jersey’s Law Against Discrimination.  Our attorneys represent both employers…

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Proposed Regulations for New Jersey’s Paid Sick Leave Act

As previously discussed here, on May 2, 2018, New Jersey’s Governor, Phil Murphy signed into law New Jersey’s Paid Sick Leave Act (the “Act”).  The Act took effect on October 29, 2018.  The New Jersey Department of Labor and Workforce Development (“NJDOL”) issued proposed regulations to further address the employees’…

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