New Jersey Lawyers BlogNew Jersey Employment Law Gives Hearing Over Prospective Enforcement of Non-Compete Agreements
Restrictive Covenants and Non-Compete Agreements
Restrictive covenants are clauses in contracts where the parties agree that one or both of the parties agree to restrict their ability to act in certain ways during or after the term of the contract. There are a variety of restrictive covenants, such as “non-poaching” agreements, were a party agrees not to employ the other party’s employees; non-disclosure agreements, or NDAs, where the parties agree not to disclose the other’s confidential information or trade secrets; and non-solicitation agreements, where one or more of the parties agree not to solicit or do business with the
other party’s customers or clients after the expiration of the contract.
In the employment context, the most common restrictive covenant is a non-competition agreement, in which an employee agrees that during or after their employment with the other party, they agree not to compete against it. Restrictive covenants are enforceable under New Jersey employment law, provided they meet certain requirements. The Appellate Division of the Superior Court of New Jersey recently addressed when an employee may challenge the validity of a non-compete agreement in court in the case of Ondik vs. Princeton Eye and Ear, LLC.
government. She worked closely with the Department’s supervisors. Clients were sent by Department to the Center. The Center would assign clients to Bodner. She assessed clients to see if they had substance abuse issues and if so to recommend the appropriate level of care, and report them to the case workers. She would conference cases with Department case workers.
they must be paid. The Supreme Court of New Jersey considered whether and under what circumstances “commissions” are considered “wages” protected by the Wage Payment Law.
thinking about filing a lawsuit for tortious interference without competent evidence.
penalties for violations. In August 2024, the New Jersey Legislature further strengthened these laws to prevent employers from taking advantage of complaining employees because of their immigration status.
law.
accommodations available so that pregnant or breastfeeding employees and new mothers can perform their jobs. It prohibits retaliation against employees who request such accommodations. The New Jersey Law Against Discrimination gives a non-exhaustive list of such reasonable accommodations: “bathroom breaks, breaks for increased water intake, periodic rest, assistance with manual labor, job restructuring or modified work schedules, and temporary transfers to less strenuous or hazardous work.”