Posts tagged New Jersey
Business Owners, Do You Know How Many Employees Trigger Coverage Under New Jersey’s Employment Laws?

In our previous post, we discussed which major federal employment laws are triggered based upon the number of employees a business has. This post outlines which New Jersey employment laws are triggered as a business grows and hires more employees.

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Understanding New Jersey’s Pregnancy and Maternity Leave Laws

We often get questions from our New Jersey clients about the rights of employees who are going out on pregnancy and maternity leave. New Jersey's support for pregnant women includes paid leave benefits under the Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) programs. This issue can be confusing to business owners who have not dealt with the issue in the past due to several overlapping laws and state benefit programs; namely temporary disability benefits and family leave insurance. Adding to the potential confusion for employers, pregnancy and maternity leave involve both disability and family leave issues, and depending on the circumstances, pregnant women may be entitled to both disability and family leave job protection, or just disability related job protection.

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New Jersey Appellate Division's Determination of Look Back Period for Wage and Hour Cases May Create Surprises for Employers

As we previously wrote about, in 2019, New Jersey enacted amendments to its wage and hour laws that, among other things, significantly expanded the statute of limitations and remedies available to plaintiffs. Specifically, New Jersey increased the statute of limitations for wage and hour claims from two years to six years. The amendments also provided that employees who recover unpaid wages are entitled to receive an award of liquidated damages of 200% of the wages owed (e.g., a plaintiff who recovers $10,000 in unpaid wages will also receive an additional $20,000 in liquidated damages). These amendments became effective on August 6, 2019.

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New Jersey's Cannabis Regulatory Commission Provides Guidance on Workplace Impairment Determinations

As we previously posted, New Jersey’s Cannabis Regulatory Enforcement Assistance and Modernization Act created significant protections for employees who use recreational cannabis products. More specifically, the Act prohibits employers from taking an adverse action against an employee based solely upon a positive drug test for marijuana; instead requiring that a “Certified Workplace Impairment Recognition Expert” also determine the employee to be impaired.

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New Jersey Employers Must Post the Updated Law Against Discrimination and Family Leave Act Posters

On August 1, 2022, the New Jersey Division on Civil Rights (DCR), released updated workplace posters for the New Jersey Law Against Discrimination (NJLAD) and the New Jersey Family Leave Act (NJFLA). The updated posters can be found here and here, respectively. The posters are required to be displayed “in places easily visible” to those the laws protect.

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New Jersey Employers Must Notify Employees of Vehicle Location Tracking

As of April 18, 2022, employers in New Jersey that use location tracking technology must provide written notice to employees of the location tracking, in certain circumstances. Specifically, New Jersey law now requires written notice to employees if the employer “knowingly makes use of a tracking device in a vehicle used by an employee.” The notice requirement applies when the device is used “for the sole purpose of tracking the movement of a vehicle, person, or device.”

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New Jersey's Governor Murphy Reinstates Public Health Emergency and Mandates Vaccines and Boosters for all Health Care Workers

On January 11, 2022, New Jersey Governor Phil Murphy issued Executive Order No. 280 reinstating the State’s State of Emergency due to COVID-19. Exercising emergency powers, on January 19, 2022, Governor Murphy issued another Executive Order, No. 283, mandating that virtually all workers in the health care industry be vaccinated and receive booster shots for COVID-19. Previously, New Jersey healthcare workers had the option to be vaccinated for COVID-19 or submit to weekly testing.

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New Jersey Significantly Expands Protections for Workers Over 70 Years of Age

On October 5, 2021, Governor Murphy signed into law an amendment to the New Jersey Law Against Discrimination (NJLAD), which significantly expanded the protections provided to certain older workers. More specifically, the amendment removed provisions from NJLAD that excluded employees of 70 years of age or older from some of the law’s protections.

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New York and New Jersey Continue to Lift COVID-19 Restrictions, But Diverge On the CDC's Mask Recommendations

Effective today, May 19, 2021, both New York and New Jersey have lifted the capacity limits for businesses that were imposed during the COVID-19 pandemic. Instead of the previous 50% capacity limit that applied to most businesses, capacity limits will now be governed only by social distancing requirements.

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The CDC Lifts Mask Mandates for Vaccinated Individuals - What Does it Mean for NJ and NY Businesses?

Yesterday, the Centers for Disease Control and Prevention (CDC) announced significant changes to its COVID-19 public health recommendations for fully vaccinated people. According to the CDC, fully vaccinated individuals do not need to wear masks or socially distance “in any setting.” The CDC did, however, include an exception for when masks and social distancing are still required by federal, state, or local laws, or by a business.

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Recreational Cannabis Users Will Be Entitled to Job Protections in New Jersey

In November 2020, New Jersey residents approved an amendment to the State Constitution, legalizing recreational marijuana use. In order to implement the regulatory framework necessary to legalize recreational marijuana, on February 22, 2021, New Jersey enacted the New Jersey Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act. The Act contains significant protections for employees that New Jersey employers need to be aware of.

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New Jersey Eases COVID-19 Capacity Restrictions for Some Businesses

On February 3, 2021, Governor Murphy of New Jersey signed Executive Order No. 219, which eases COVID-19 related restrictions on certain businesses.. The changes became effective at 8 a.m. on February 5, 2021.

Under prior Executive Orders, the following businesses and activities were limited to 25% capacity:

  • Food or beverage establishments, including restaurants, bars, cafeterias, and food courts;

  • Entertainment and recreational businesses, including movie theaters, casinos and gyms;

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New Jersey (Re) Issues COVID-19 Safety Requirements for All Businesses and Provides for Increased Enforcement Actions

On October 28, 2020, New Jersey’s Governor, Phil Murphy, issued his latest COVID-19 related executive order, Executive Order No. 192, which sets forth minimum COVID-19 safety requirements for all businesses that require or permit in-person workers. The requirements become effective November 5, 2020, at 6 a.m.. The good news for most employers is that the requirements largely consist of safety precautions already required by Governor Murphy’s previous executive orders and existing guidance from the Centers for Disease Control (CDC).

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